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3.7.1 Procedure for Hardship Discharge Request

The Motion for Discharge Before Completion of Plan Payments Pursuant to 11 U.S.C. § 1328(b) form (“Hardship Discharge Form”) must be used when filing a request for a hardship discharge in Chapter 13 cases.

Important note: Paragraph (b)(7) of the Hardship Discharge Form must be filled out for the discharge order to be processed. The Clerk’s office will cross-check the ECF docket text and docket number noted in paragraph (b)(7) to ensure that the information provided in the form aligns with the official docket.

Timing of filing the § 522(q)(1) motion referenced in paragraph (b)(7) of the Hardship Discharge Form. Please make sure that the Motion for § 522(q)(1) Order is filed immediately before the filing of the Motion for Discharge Before Completion of Plan Payments Pursuant to 11 U.S.C. § 1328(b) in CM/ECF. A delay in filing the motion for hardship discharge without a Notice of Plan Completion on the docket causes the Clerk to believe the § 522(q)(1) motion has been filed prematurely and a docket order to that effect will ensue.

Filing a Motion for Discharge Before Completion of Plan Payments Pursuant to 11 U.S.C. § 1328(b) in CM/ECF:

  • Fill out the Hardship Discharge Form in its entirety (make sure the certificate of service area is completed).
  • Go to (or search for) the ECF event: Hardship Discharge – BK Motion.
  • Enter the appropriate case number.
  • Make the appropriate party selection.
  • Browse and attach the motion along with the mailing list of creditors as one document (.pdf).
  • Verify docket text and submit.

Upon receipt of the motion, the Court will issue an Order Regarding Request For Chapter 13 Hardship Discharge And Notice Of Deadline For Complaint Under 11 U.S.C. § 523(a)(6). The order will set a hearing date on the motion, fix a time for objections to the motion, and fix a time to file complaints to determine the dischargeability of debts under § 523(a)(6) (no less than 30 days’ notice to all creditors). If a § 523(a)(6) complaint is filed, the Court will issue a summons and set a pretrial conference on the complaint. You must attend the hearing on the motion for hardship discharge.

If there is no objection to the entry of a hardship discharge order, the Court will grant the motion and enter the order discharging the debtor(s) notwithstanding any complaint filed pursuant to § 523(a)(6).