Certification and Motion for Entry of Discharge under Chapter 13

For cases filed after October 17, 2005, unless the debtor's discharge has been waived or denied, the Chapter 13 Trustee's Notice of Completion of Plan Payments (the "Notice") will constitute notice that each debtor and debtor's counsel must sign and file a Certification and Motion for Discharge (the "Motion").

Within 30 days after the trustee files the Notice, the debtor must:

1. File a Motion providing 21 days to file an objection.

• The motion must substantially conforms to Local Form M13-1 Certification and Motion for Discharge Pursuant to 11 U.S.C. § 1328 (a) and (h).*
• The debtor and debtor's counsel must sign the Motion. The debtor's attorney may not sign on behalf of a debtor.

2. Serve a copy of the Motion to all creditors and parties in interest, which is included in the Court's mailing matrix.

Suppose the debtor is unable to certify the assertions on the local form motion but believes that a discharge is still warranted. In that case, the debtor must draft and file a motion for discharge explaining why a discharge should be granted.

Docket event:

[Bankruptcy > Motions/Application > Generic Motion].