Hardship Discharge

Official Procedure - Last Updated: December 3, 2024ClosedAuthor:

 

Last Updated:  May 4, 2009

References

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Bankruptcy>Motions/ Applications
Event

Hardship Discharge
Rules / Code / Resources

Fed.R.Bankr.P. 1007

11 U.S.C. ยง 1328(b) or 1228(b)

Local Rule

 

12/03/2024 - updated to match 12/1/24 Rule change for Certificate of Debtor Educationt

Date Description
07/xx/2023 Updated to new format
05/04/2009 Created

Background

Individuals filing under chapter 13 must complete an approved financial management course (subject to exceptions set) in order to receive a discharge all cases filed on or after October 17, 2005. Crtificate of Debtor Education must be filed with the court after the financial course has been completed, unless a Personal Financial Management Course Provider files the certificate with the Court.

 

 

Certificate of Debtor Education

 

During the filing process, if the Debtor's Certificate of Debtor Education has not been filed, you will receive a reminder warning stating the Debtor's Certificate of Debtor Education must be filed before a Discharge is issued.

 

The Chapter 13 Debtor's Certification Regarding Domestic Support Obligation and Section 552(q) is NOT required for a debtor to obtain a discharge under 1328(b).

 

Step-by-Step Procedures:

 

  1. Select Bankruptcy

  2. Select Motions/Applications

  3. Enter case number and click Next

  4. Select Hardship Discharge from pick list and click Next

  1. Select Party from party pick list or Add/create new party

  2. Click Next

    The Attorney/Party Association screen may display.  If it does, click here.

  1. Click Next

The PDF Document selection screen will display.

  1. Browse, View, and Attach, click Next

Next, the Proposed Order must be added as an attachment to the notice of motion and motion.

  1. Click Yes radio button for Attachment to Document and click Next

  2. Attach Proposed Order

If the Debtor's Certificate of Debtor Education has not been filed, the following warning page will appear; <>  <>Warning: Certificate of Debtor Education must be filed in order for the Discharge to be issued. <>  <>Click Next to continue

  1. If joint, the following screen will appear

  1. Insert hearing date, time and select hearing location

  1. Click Next

The Modify Text page will display.  Click down arrow to select a prefix if applicable.

  1. Click Next

The Final Text page will display.  This is your final opportunity to modify the entry before submitting the filing.

  1. Verify the accuracy of the docket text

  2. Click Next to complete filing process

 

The Notice of Electronic Filing will display.  It is the verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case.  You have a period of 15 days for a one time free look at the document filed.