Official Procedure Last Change December 29, 2021
Debtor's Certification of Eligibility for Chapter 12/13/11 Subchapter V Discharge
How to file:
Location of event: Bankruptcy > Notices & Certifications > Certification of Eligibility for Chapter 12/13/11 Subchapter V Discharge
Things to be aware of when filing: If the case was closed without entry of the Discharge, the Certification of Eligibility cannot be filed until the court has reopened the case.
- Within 30 days of the trustee’s Notice of Plan Completion or Notice of Completion of 1192 Payments, the debtor must file both a Motion for Entry of Chapter 12/13/11 Subchapter V Discharge or Motion for Entry of Chapter 13 Discharge Pursuant to Section 1328(i) and, for each Debtor, a Certification of Eligibility. Failure to timely file the Motion and/or Certification may result in an Order of No Discharge. (Certification of Eligibility and DSO Notice are not required to be filed in non-individual Chapter 12 cases. Only the Motion for Entry of Discharge is required.)
- If only one Certification of Eligibility is submitted for one Debtor in a joint case, the discharge may be issued for that debtor only.
- If one Certification of Eligibility is submitted for both Debtors in a joint case the Bankruptcy Court will issue a Notice of Deficient Filing. If the deficiency is not cured, the court may issue an Order of No Discharge.
- The discharge will be issued by the court 21 days after all the above documents have been filed, if no objections have been filed.
- If an Order of No Discharge has been entered and the debtor wishes to receive a discharge, the debtor must file a Motion for Relief from Order in No Discharge along with the missing required documents.
- If the case is closed without entry of the Discharge, the debtor must also file a Motion to Reopen and pay the required filing fee before the Debtor can take the corrective action shown above to qualify for and receive the discharge. However, the Certification of Eligibility cannot be filed until the court has reopened the case.
- It is recommended that the court's sample form be used.
- A separate Certification of Eligibility must be submitted for each Debtor in a joint case. Certifications of Eligibility for each Debtor may be filed either as an attachment to or concurrently with the Motion for Entry of Chapter 12/13/11 Subchapter V Discharge.
- Each Certification of Eligibility must be signed by the debtor to whom it relates.
- If there is a domestic support obligation (DSO), a copy of an objection notice to the DSO holder along with Certificate of Service must be included. Use of the court's sample form is recommended.
1. Log into CM/ECF.
2. Select Bankruptcy > Notices & Certifications.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Certification of Eligibility for Chapter 12/13/11 Subchapter V 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.
8. Select the appropriate radio button to indicate whether there is a domestic support obligation and click Next.
9. Ensure check box next to Motion for Entry of Discharge is marked. Click Next.
10. Objection to discharge date is calculated and displayed. Click Next.
11. Select prefix text, if applicable, and click Next.
12. 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.