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MOTIONS FOR HARDSHIP DISCHARGE

Rule No: 
4004-1
Effective Date: 
12/01/2023

(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. Contemporaneously with filing the motion and declaration, the debtor shall file supplemental Schedules I and J and provide the trustee copies of all payment advices or other evidence of proof of income received within the last 30 days. 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 Order Re: Debtor(s)' Motion for Hardship Discharge (Local Bankruptcy Form 13-7), 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. Absent the filing of a discharge complaint specified in the properly served Local Bankruptcy Form 13-7, and upon the determination that the debtor has met the remaining conditions of a hardship discharge, the Clerk shall enter a hardship discharge order.

Committee Comment
A “supplemental” schedule means a schedule with current information as opposed to petition date information.