Official Procedure Last Change June 24, 2013
Request for Entry of Chapter 11 Discharge Prior to Completion of Plan Payments
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge Pursuant to Sec. 1141(d)(5)B), Request for Entry of Chapter 11
Things to be aware of when filing: This event should not be used if a discharge is being sought after completion of all payments called for by the plan.
- A Request for Entry of Chapter 11 Discharge can be filed when an individual debtor is unable to complete the payment terms of the Chapter 11 plan but wants the discharge anyway. The Court will issue an objection notice and/or set a hearing.
- This event should not be used if a discharge is being sought after completion of all payments called for by the plan. In such an instance, an Application for Final Decree should be filed, which also serves as the request for discharge.
- The Request must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- Moving party is required to upload a proposed order.
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 Prior to Completion of Plan Payments, Request for Entry of Chapter 11 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.
9. Browse to attach the document to be filed (pdf file). 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.