Waiver of Discharge

Official Procedure Last Change November 22, 2013

Waiver of Discharge

How to file:

Location of event: Bankruptcy > Miscellaneous > Waiver of Discharge

Things to be aware of when filing: Requesting a waiver of discharge is a serious decision that has significant effects on the debtor's rights. Be sure that this is the event that you really want to file.
  • 11 USC 727(a)(10)

General Information

  • A waiver of discharge can be filed by the debtor at any time during the pendency of a case.
  • A hearing will be set to enable the judge to ascertain that the debtor is fully apprised of the waiver's effect and that it was freely executed.
  • If the waiver is approved, the court will send a Notice of No Discharge to all creditors.

Filing requirements

  • The waiver must be signed by the debtor. Signature of the debtor's attorney alone is not sufficient.
  • The waiver must be filed in the legal case, not in an adversary proceeding.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Waiver of Discharge from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.