L. Rule 4004. GRANT OR DENIAL OF DISCHARGE

(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 prior to the time fixed 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 Interim Rule 4004(c)(1)(I), unless the Court orders otherwise prior to 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 Chapter 13 trustee a pre-discharge questionnaire in the form specified by the trustee will be deemed to have complied with the filing requirements of Interim Rule 1007(b)(8). The trustee’s motion to enter discharge shall be deemed to be notice under Interim Rule 2002(f)(11) of the time to request delay in the entry of discharge under § 1228(f) or § 1328(h).

(c) Chapter 11

(1) 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) and (B). The motion must also include the statements specified in Interim 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 twenty days of 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 Interim Rule 2002(f)(11).

(2) 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.