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3.6 Motions for § 522(q)(1) Orders for Chapter 12 &13 Discharges

BAPCPA requires a hearing within ten days prior to the entry of a discharge order in Chapter 12 and 13 cases in order for the judge to find that there is no cause to believe that the exemption limitations in § 522(q)(1) are being exceeded by a debtor who (1) is a convicted felon or (2) might have a securities felony charge pending.

Why does this matter in a state that has real estate exemptions below that threshold? Because BAPCPA modified the domiciliary rules (180 days here, 730 days there) such that a newly relocated Tennessee debtor might use another state’s exemption laws.

All Chapter 12 and 13 debtors need a § 522(q)(1) order within ten days of discharge. The good news: the Court has developed a streamlined LBR 9013 process in CM/ECF to make filing the motion and getting the order pain-free for complying with that requirement.