MOTIONS FOR HARDSHIP DISCHARGE

Rule No: 
4004-1

 

(a)    Content of Motion.  Motions for discharge under 11 U.S.C. § 1328(b) shall be filed with the court and served on the trustee, United States trustee, and all creditors at least 21 days preceding the date fixed for hearing.  The motion shall set forth the basis for the discharge and provide evidence (including a sworn declaration from the debtor) in support of the motion.  A copy of a proposed order shall be attached as an exhibit to the motion as a separate document and the order shall conform with Local Bankruptcy Form 13-7.

(b)    Notice to Creditors.  Within 7 days of entry of the hardship discharge order, debtor or debtor’s counsel shall serve both the entered order and a notice on all creditors in the manner provided in Fed. R. Bankr. P. 2002 and shall file a certificate of service that service has been effected.  The notice shall clearly state that creditors shall have 30 days from the date of service of the entered order and notice to file a complaint to determine the dischargeability of any debt under 11 U.S.C. § 523(a)(6).  The notice shall substantially comply with Local Bankruptcy Form 13-8 (Notice of Deadline to File Complaint Under 11 U.S.C. § 523(a)).