Official Procedure Last Change July 14, 2010
Motion to Defer Entry of Discharge
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs >Defer Entry of Discharge, Motion to
Things to be aware of when filing: This event should not be used to request more time to file Chapter 13 discharge documents, such as Motion for Entry of Discharge. To obtain such an extension, file a Motion to Extend Time to File Miscellaneous Documents.
- If the debtor wishes to defer entry of their discharge, for example, to allow more time to file a Reaffirmation Agreement, they may file a Motion to Defer Discharge.
- The Court will grant a 30-day extension without the need for notice or a hearing.
- Only the debtor can file a Motion to Defer Discharge. If any other party wishes to defer the discharge for some reason, they must file an appropriate Motion depending on the reason for the deferral sought. For instance, to file an extension of time to file a complaint objecting to discharge pursuant to Fed.R.Bankr.P. 4004(b), a Motion to Extend Time to File Complaint should be filed. To file an extension of time to file a reaffirmation agreement, a Motion to Extend Time to File Reaffirmation Agreement should be filed.
- This event should not be used to request more time to file Chapter 13 discharge documents, such as Motion for Entry of Discharge. To obtain such an extension, file a Motion to Extend Time to File Miscellaneous Documents. The Motion to Defer Discharge can, however, be used in Chapter 13 cases where all required discharge documents have been filed but the debtor wishes the court to delay issuance of the discharge.
- Motion must be signed by the filing party.
- It is not necessary to upload a proposed order - the Court will prepare one.
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 Defer Entry of Discharge, Motion to 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 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.
10. 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.
11. 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.
12. Verify final docket text. If correct, click Next to submit.
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.