Official Procedure Last Change December 29, 2021
Motion for Entry of Chapter 12/13/11 Subchapter V Discharge
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge, Motion for Entry of Chapter 12/13/11 Subchapter V - No DSO or Discharge, Motion for Entry of Chapter 12/13/11 Subchapter V - DSO
Things to be aware of when filing: If the case was closed without entry of the Discharge, the Motion for Entry cannot be filed until the court has reopened the case.
- Requests for Chapter 13 discharge pursuant to the new subsection (i) of 11 USC 1328 should be filed using the Motion for Entry of Chapter 13 Discharge Pursuant to Section 1328(i) event.
- Within 30 days of the trustee’s Notice of Plan Completion or Notice of Completion of 1192 Payments, the debtor shall file both a Motion for Entry of Chapter 12/13/11 Subchapter V 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.)
- If an Order of No Discharge has been entered, the debtor must file a Motion for Relief from Order of No Discharge along with the missing required documents in order to receive a discharge.
- If the case was 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 necessary corrective action to qualify for and receive the discharge. The Motion for Entry of Discharge cannot be filed until the court has reopened the case.
- The Motion for Entry of Chapter 12/13/11 Subchapter V Discharge cannot be filed if the Notice of Plan Completion or Notice of Completion of 1192 Payments has not been filed, or if the Notice was filed but subsequently withdrawn.
- A single Motion for Entry of Chapter 12/13/11 Subchapter V Discharge may be submitted for both Debtors in a joint case. A Certificate of Eligibility for each debtor may be filed concurrently with or as an attachment to the motion.
- The discharge will be issued by the court after the expiration of the objection deadline as shown on the docket, if no objections have been filed.
- It is recommended that the Court's sample form be used.
- A certificate of service must be included.
- A separate Certification of Eligibility for Chapter 12/13/11 Subchapter V Discharge must be filed for each debtor. View sample form
- If there is a domestic support obligation, 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 > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select one of the following from the event list and click Next:
- Discharge, Motion for Entry of Chapter 12/13/11 Subchapter V - No DSO (if the Certification states that there is no Domestic Support obligation).
- Discharge, Motion for Entry of Chapter 12/13/11 Subchapter V - DSO (if the Certification states that there is a Domestic Support obligation - you will be required to attach a notice to the DSO holder).
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.
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.
10. Ensure check box next to Trustee’s Notice of Plan Completion or Notice of Completion of 1192 Payments is marked. Click Next.
11. Select appropriate radio button regarding the Certification of Eligibility (and notice to domestic support obligation, if applicable). Click Next. Review ECF notice, if presented, and click Next.
12. 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.
13. 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.
14. 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.