(a) Chapter 7.
In a Chapter 7 case, a motion to delay or postpone discharge under § 727(a)(12) must be filed not later than 30 days before the deadline for filing a complaint objecting to discharge, and must be served on the debtor, any trustee serving in the case, and on the United States Trustee. An untimely motion will not be deemed to be pending, for purposes of Rule 4004(c)(1)(I), unless the Court orders otherwise before the entry of the discharge. To be timely considered, the motion must be accompanied by a separate motion to expedite the hearing in accordance with L. Rule 9014(e).
(b) Chapter 12 or 13.
In a Chapter 12 or 13 case, a debtor who completes and timely submits to the trustee a pre-discharge questionnaire in the form specified by the trustee will be deemed to have complied with the filing requirements of Rule 1007(b)(8).
The trustee’s motion to enter discharge shall be deemed to be notice under Rule 2002(f)(11) of the time to request delay in the entry of discharge under § 1228(f) or § 1328(h).
(c) Chapter 11.
An individual debtor in a Chapter 11 case, in order to receive a discharge, must file a motion requesting entry of a discharge. The motion must contain a verified statement addressing the requirements of § 1141(d)(5)(A) or (B). The motion must also include the statements specified in Rule 4004(c)(1)(H) and (I). The motion (and all attachments) must be served on all creditors and parties in interest, and must include a conspicuous notice that any objections to the entry of discharge, or any request to delay entry of the discharge under § 1141(d)(5)(C) must be filed with the Clerk and served on the debtor within 21 days after the date of service of the statement. Service of the motion with the required notice in accordance with this Rule shall satisfy the requirements of Rule 2002(f)(11).
If an objection to the entry of discharge, or a request to delay entry of discharge is timely filed, then no discharge will be entered until a hearing has been held under § 1141(d)(5)(C). If no such objection or request is timely filed, then a discharge may be entered without further hearing, unless the Court orders otherwise.
L. Rule 5005. ADMINISTRATIVE PROCEDURES FOR ELECTRONIC FILING
By standing order, the Court has adopted administrative procedures for electronic filing, which are posted on the Court’s website at:
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