Motion to Object to Discharge

 

Official Procedure - Last Updated: February 13, 2023ClosedAuthor: Demetrius Ross

 

References

CM/ECF Menu

Bankruptcy> Motions / Applications (Bk) or Motions /Applications Tr/UST (Bk)
Event

Object to Discharge
Rules / Code / Resources

Fed.R.Bankr.P. 4004(a)

11 U.S.C. § 727(a)(8), 727(a)(9) or 1328(f)

Local Rule

02/13/2023 - Updated the procedure with new examples

Date Requestor SR# Description
02/13/2023 Demetrius 150067 Updated the procedure with new examples
01/20/2023 Velda 148916 Created

Filers should use this motion to object to discharge under 727(a)(8), 727(a)(9) or 1328(f).

See Fed R. Bankr.P.4004(a) (Time for Objection to Discharge; Notice of Time Fixed) - A motion under § 727(a)(8-9), § 1328(f) of the Code, objecting to the debtor's discharge shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341.

The Trustee, UST or creditor will file this motion.

 

Step-byStep Procedure

  1. Select [Bankruptcy > Motions / Applications (Bk) or Tr / UST (Bk)]

  2. Enter case number and click Next

  3. The case verification screen will display

    4. Verify you are docketing on correct case.    If notClosed click the back button to go back to the case number field and re-enter the case number/If yes

  4. Select Object to Discharge from pick list and click Next

  5. If applicable select the attorney representing party or Add/create new attorney, If not, Click Next

  6. Select Party(s) from party pick list or Add/create new party

  7. Click Next

The association screen will display when the attorney/party association does not exist, access Association Screen process to determine if association should be created.

  1. The following:

IMPORTANT: This motion should only be used to object to the discharge under 727(a)(8), 727(a)(9) or 1328(f)

REMINDER: ALWAYS view and verify pdf is for the correct case, matches the event selected, and is right side up.

  1. Enter file date

  2. Browse, View, and Attach

  3. Click Next

  4. If this is a joint case, the following will appear. Make a selection and click Next.

  1. Insert hearing date, time, location and click Next

  2. Click Next
  3. Verify the accuracy of the docket text.    If not correctClosedclick bankruptcy to start over/if correct

  4. The Final docket screen will display

Examples

Individual:

Notice of Motion and Motion to Object to Discharge as to Debtor re: Bankruptcy Rule 7001 (Objections to discharge under 727(a)(8), (a)(9), or 1328(f)) Filed by Frank J Kokoszka . Hearing scheduled for 1/20/2023 at 01:30 PM at Appear In Courtroom 615, 219 S. Dearborn St, Chicago, IL 60604 or Using Zoom- Judge Baer. (Ross, Demetrius)

 

Joint:

Notice of Motion and Motion to Object to Discharge as to Debtor Only re: Bankruptcy Rule 7001 (Objections to discharge under 727(a)(8), (a)(9), or 1328(f)) Filed by VENTURES TRUST 2013 I-H-R BY MCM CAPITAL PARTNERS ITS TRUSTEE . Hearing scheduled for 12/23/2022 at 01:15 PM at Appear In Courtroom 3100, 327 S. Church Street, Rockford, IL 61101 or Using Zoom- Judge Lynch.

Notice of Motion and Motion to Object to Discharge as to Joint Debtor Only re: Bankruptcy Rule 7001 (Objections to discharge under 727(a)(8), (a)(9), or 1328(f)) Filed by VENTURES TRUST 2013 I-H-R BY MCM CAPITAL PARTNERS ITS TRUSTEE . Hearing scheduled for 12/23/2022 at 01:15 PM at Appear In Courtroom 3100, 327 S. Church Street, Rockford, IL 61101 or Using Zoom- Judge Lynch. (Ross, Demetrius)

Notice of Motion and Motion to Object to Discharge as to Both Debtors re: Bankruptcy Rule 7001 (Objections to discharge under 727(a)(8), (a)(9), or 1328(f)) Filed by VENTURES TRUST 2013 I-H-R BY MCM CAPITAL PARTNERS ITS TRUSTEE . Hearing scheduled for 12/23/2022 at 01:15 PM at Appear In Courtroom 3100, 327 S. Church Street, Rockford, IL 61101 or Using Zoom- Judge Lynch.

  1. Click Next to save the entry

 

Process Complete

The Notice of Electronic Filling will display. It serves as 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 documents.