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Chapter 12/13 Discharges

Official Procedure Last Change July 1, 2021

Chapter 12/13 Discharges

  • 11 USC 1328(a)

General Information

  • The trustee shall file a Notice of Plan Completion after all payments have been received.
  • Within 30 days of the trustee’s Notice of Plan Completion or prior to the trustee’s Final Report, whichever is later, the debtor shall file both a Motion for Entry of Chapter 12/13 Discharge and, for each Debtor, a Certificate of Eligibility. Failure to timely file the Motion and/ or Certificate may result in the issuance of 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.)
  • A separate Certificate of Eligibility must be submitted for each Debtor in a joint case. Certificates of Eligibility for each Debtor may be filed either as an attachment to or concurrently with the Motion for Entry of Chapter 12/13 Discharge.
  • The discharge will be issued by the court 21 days after all the above documents have been filed, if there is no objection.

See information on deceased debtors