Official Procedure Last Change December 1, 2019
Motion Objecting to Discharge
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Objecting to Discharge, Motion
Things to be aware of when filing: A Motion Objecting to Discharge should only be used if seeking to have the debtor's discharge denied because the debtor received a discharge in a previous filing and has not waited long enough before filing the new case.
- A Motion Objecting to Discharge may be filed if a party seeks to have the debtor's discharge denied because the debtor received a discharge in a previous filing and has not waited long enough before filing the new case (see chart). If seeking to have the debtor's discharge denied for any other reason, it must be done by filing an adversary proceeding.
- Motions Objecting to Discharge may be filed in Chapter 7 and Chapter 13 cases by any party on the case.
- Once the Motion has been filed, the Court will issue a 21-day objection notice. An Order Granting Motion Objecting to Discharge may be entered without the need for a hearing if no objections are filed.
- The deadline to file a Motion Objecting to Discharge is 60 days from the first date set for the 341 Meeting of Creditors.
- Motion must be signed by the filing party.
- The Motion must contain a Certificate of Service.
- It is not necessary to upload a proposed order - the court will prepare one.
- There is no filing fee for a Motion Objecting to Discharge.
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 Objecting to Discharge, Motion 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 filing on a joint case, you are asked which debtor's discharge is being objected to. Select the appropriate option from the drop down list and click Next.
11. Deadline date is calculated and displayed. 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.