(a) Discharge in Case Confirmed Under §1191(a)
If the case has been confirmed under 11 U.S.C. §1191(a) and the Debtor is an individual, the Court shall enter the discharge immediately after entry of the confirmation order.
(b) Discharge in Case Confirmed Under §1191(b)
(1) Notice of Completion of §1192 Payments
The entity administering the confirmed plan shall file a Notice of Completion of § 1192 Payments after the Debtor has made the number of payments required to be eligible for a discharge. A sample form is available on the Court’s website.
(2) The Debtor's Required Pleadings
Within 30 days after the filing of the Notice of Completion of § 1192 Payments, the Debtor shall file a Motion for Entry of Discharge and a Certification of Eligibility for Discharge. Each Debtor in a joint case shall file a separate Certification. Sample forms are available on the Court’s website.
(3) Service and Notice
The Debtor shall serve a copy of the Motion for Entry of Discharge and a Certification of Eligibility for Discharge on the trustee. The trustee shall have 21 days from the date of filing to object to the Motion or the Certification.
(4) Closing and Reopening
If no Motion for Entry of Discharge is filed, the case may be closed without entry of a discharge after filing of the trustee’s final report. If the case has been closed and the Debtor seeks entry of the discharge, the Debtor must first file a motion to reopen the case.
(5) Request for Hardship Discharge
If the Debtor seeks a discharge under 11 U.S.C. §1141(d)(5), the Debtor shall file a Motion for Hardship Discharge and a Certification of Eligibility for Discharge. The requirement to file a Certification of Eligibility for Discharge is waived if the Debtor seeking the hardship discharge is deceased and a verified statement of the Debtor’s death has been filed as required by S.D.Ind. B-1016-1. A sample Certification is available on the Court’s website.