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

11 U.S.C. § 522(q)
TNMB Website – ECF Docketing Motion for § 522(q)(1) Order
BAPCPA requires a hearing within ten days prior to the entry of a discharge order in Chapter 12 and 13 cases 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.

4.6.1 Procedures for Motions for § 522(q)(1) Orders
CM/ECF will generate all required documents – do not create any yourself! After the Notice of Plan Completion, the Certification about a Financial Management Course (Official Form 423) and the Domestic Support Obligation Certificate are filed, file the § 522(q)(1) motion as follows:
• In CM/ECF, select Bankruptcy > LBR 9013 > 9013 Motions with Notice > 522(q)(1) Order.
• Enter case number; select the debtor(s) as Party.
• Ensure “Yes” is selected for “Assign a document number?”
• Enter Hearing date, time, location, and Response due date (see 9013 Motion Procedures of this Handbook).
• Do not refer the motion to existing events, and do not enter a mailing date for Certificate of Service (the Court will notice this motion).
• Verify the docket text is correct and submit.

Important Note: The email Notice of Electronic Filing (NEF) you receive, and the case’s CM/ECF docket report will display a link to the motion. These links may not display the document until one business day later when CM/ECF creates (or uploads) the motion for BNC transmission.
If objections are received, a hearing will be scheduled. If no objections are received, the Court will enter the necessary § 522(q)(1) Order when the case is otherwise ready for discharge.