U. S. Trustee's Notice of Ineligibility for Discharge

Official Procedure Last Change January 9, 2017

U. S. Trustee's Notice of Ineligibility for Discharge

General Information

• If a debtor received a discharge on a prior bankruptcy case, they may not be able to receive a second discharge on a new case if sufficient time has not passed between the two cases. The actual bar time varies depending on the chapters of the previous and current case. View more information on ineligibility due to a prior case
• If the debtor is ineligible to receive a discharge for this reason, the US Trustee will file a Notice of Ineligibility for Discharge.
• In Chapter 7 cases, action is only taken by the court if the US Trustee or other party subsequently files a Motion to Dismiss or a request to convert the case to another chapter.
• In Chapter 13 cases, the court will not issue a discharge on a case on which the US Trustee has filed a Notice of Ineligibility, unless the judge directs otherwise.

Filing Requirements

• The Notice must be signed by the filing party or their attorney.
• A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Trustee/US Trustee.

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

4. Select U.S. Trustee's Notice of Ineligibility for Discharge from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. 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.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Joint cases only: Select which of the debtors are ineligible for discharge and click Next.

9. Enter additional text, if desired, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

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.