Official Procedure Last Change December 29, 2021
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge, Motion for Hardship
Things to be aware of when filing: The Certification for Eligibility and Certification of Financial Management course must be filed along with the Motion for Hardship Discharge unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived.
Hardship discharges apply to Chapter 12 and 13 cases, and 11 Subchapter V cases, only.
- Motion must be signed by filing party.
- A Certificate of Service must be included.
- It is not necessary to upload an order - the court will prepare one.
- The following documents must be filed along with the Motion (unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived):
- Certification for Eligibility (separate ones for each debtor are required on a joint case)
- Certification of Financial Management course (must be filed as a separate docket entry)
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Discharge, Motion for Hardship from the event list and click Next.
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney. Click Next.
7. 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.
8. Select the debtor (both debtors in a joint case) and 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.
9. Browse to attach the document to be filed (pdf file). Click Next.
Note: The Debtor(s) Certificate of Eligibility and/or notice to domestic support obligation holder may be attached to the motion. A separate Certificate is required for each Debtor in a joint case, unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived.
10. Select appropriate radio button regarding the Certification of Eligibility and click Next.
11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.
12. Select prefix text, if applicable, and click Next.
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.
13. 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.