11 U.S.C. § 1328
FRBP 4004, 4007(d)
Local Bankruptcy Form – Motion for Hardship Discharge

Motions for Discharge Before Completion of Plan Payments Pursuant to 11 U.S.C. § 1328(b) (aka Chapter 13 Hardship Discharge Motions) are filed using the Court’s Hardship Discharge Form. Each area of the form prompts for information required by the Court. Do not by-pass an area unless the paragraph is not applicable.

All conditions required under 11 U.S.C. § 1328 must be met for a debtor to obtain a hardship discharge unless the Court has ordered the debtor be exempt from one or more of the § 1328 filing requirements.

4.8.1 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 CM/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 file the Motion for § 522(q)(1) Order in CM/ECF before the filing of the Motion for Discharge Before Completion of Plan Payments Pursuant to 11 U.S.C. § 1328(b). Once the Motion for § 522(q)(1) Order is filed, please file the motion for hardship discharge immediately and do not delay the filing. The filing of the motion for hardship discharge contemporaneously with the Motion for § 522(q)(1) Order alerts the Clerk that the § 522(q)(1) motion is not prematurely filed but that the debtor is fulfilling the statutory timing of § 1328(h) to obtain a discharge.

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 is correct and submit the document.

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) (with 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 are no objections to the entry of the 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). The § 523(a)(6) complaint excepting the specific debt from discharge will be handled separately from the general discharge order by the Court.