Official Procedure Last Change June 19, 2017
Motion for Relief from Order of No Discharge pursuant to Fed.R.Bankr.P. 9024
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Relief from Judgment/Order Pursuant to FRBP 9024, Motion for
Things to be aware of when filing: It is not necessary to upload a proposed order - the Court will issue one.
If an order of no discharge has been entered on a case, any party seeking entry of the discharge must file a Motion for Relief from the Order of No Discharge pursuant to Fed.R.Bankr.P. 9024, along with any documents whose absence from the record resulted in the entry of the Order of No Discharge.
- The Motion must be signed by the filing party.
- A Certificate of Service must accompany the Motion.
- It is not necessary to upload a proposed order - the Court will issue one.
- If the case has been closed, a Motion to Reopen must also be filed. Note that if a Certification of Eligibility for Chapter 12/13 Discharge is to be filed, said document will not be able to be filed along with the Motion to Reopen. It can only be filed once the judge has entered the order reopening the case, which order will set a 14-day deadline to file the Certification.
- There is no fee for filing a Motion for Relief from Order of No Discharge. If the case is closed, a reopening fee will apply to the Motion to Reopen.
- If the Order of No Discharge was entered because of failure to file Motion for Entry of Chapter 12/13 Discharge, Certification of Eligibility for Chapter 12/13 Discharge and/or Financial Management, the missing documents must be filed along with the Motion for Relief from Order of No Discharge. The missing documents must be filed separately, not attached to the Motion for Relief.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. If the case number and name shows that the case is closed, stop. You must first file a Motion to Reopen.
5. Select Relief from Judgment/Order Pursuant to FRBP 9024, Motion for from the event list and click Next.
6. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
7. Check box if jointly filing with another attorney. Click Next.
8. 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.
9. 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.
11. Check the box next to the Order of No Discharge and click Next.
12. If you indicated in step 6 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.
15. Ignore the Single Order Upload link - the court will prepare the order.