Notice of Completion of Plan Payments

04/20/2012

 

Effective May 1, 2009,  the Chapter 13 trustee is required to file a Notice of Completion of Plan Payments with the Court.  Pursuant to the Standing Order Adopting Procedures for Obtaining Discharge in Completed Chapter 13 Cases, for post - BAPCPA cases, whereas the debtor is entitled to a discharge, the trustee's notice of completion of plan payments constitutes notice that each debtor must file a Certification and Motion for Discharge.

 

Definitions:

Pre - BAPCPA Cases - voluntary petition filed prior to October 17, 2005

Post - BAPCPA Cases - voluntary petition filed on or after October 17, 2005

 

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If a notice of completion of plan payments is filed in a converted case or in an individual case whereas the debtor is dismissed or in a joint case whereas BOTH debtors are dismissed, contact the trustee to withdraw the notice of completion of plan payments.  Docket a private remark.  No follow up for the withdrawal is required by the Clerk's office.




Pre - BAPCPA Case

 

Requirements:

 

Notice of Completion of Plan Payments (certificate of service not required)

 

Docket Event:

 

[Bankruptcy > Trustee/US Trustee > Notice of Completion of Plan Payments  - Pre BAPCPA or Ineligible for dsch]

 

Note:

Because the case is a pre - BAPCPA case, the event does not set a deadline to file a motion for discharge nor does it generate a Clerk's notice setting out the requirements to receive a discharge. If the trustee uses the docket event that sets a deadline and generates the notice, delete the notice from the holding bin (if the Clerk's notice was issued, you must withdraw the notice), terminate the deadline and edit the docket text removing the deadline information.


Step 1

Trustee files Notice of Completion of Plan Payments

 

Step 2

Verify the case is a Pre-BAPCPA case and the debtor is eligible for discharge

 

Step 3

If the debtor is eligible proceed to enter the discharge order.  See Discharge Debtor - Plan Completed

 

 

Note:

After the Chapter 13 final report and account is filed, proceed to close the case.  See Chapter 13 Closing

 

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Post - BAPCPA Case - Debtor (s) Eligible for Discharge:

 

Requirements:

 

Notice of Completion of Plan Payments (certificate of service not required)

 

Docket Events:

 

[Bankruptcy > Trustee/US Trustee > Notice of Completion of Plan Payments  - Post BAPCPA]

[Bankruptcy > Batch Filings > Notice of Completion of Plan Payments Post BAPCPA (Batch)]

 

The event:

 

Step 1

Trustee files Notice of Completion of Plan Payments

 

Step 2

Verify the case is a Post - BAPCPA cases and the debtor is eligible for discharge.   If the debtor or joint debtor is NOT eligible for discharge, delete the notice from the holding bin (if the Clerk's notice was issued, you must withdraw the notice), terminate the deadline, and edit the docket text removing the deadline information.

 

 

Step 3

 

Generate the Notice to Individual Debtor(s) of Requirements to File Certification and Motion for Entry of Discharge, from the BNC holding bin.   The form will appear on the "Generate Notices" screen as: Form n013 Text Notice of Completion of Plan Payments (Ch 13).

 

Step 4

 

For cases filed on and after March 10, 2008 review the docket to ensure Official form B23 (Debtor's Certification of Completion of Instructional Course Concerning Financial Management ) is filed.  If not filed, issue a deficiency notice  using the event [Bankruptcy > Court Events> Notice of Deficiency Financial Management Course].  The notice (dn008finmgtcert) is sent to the debtor and debtor's attorney.

 

When the debtor files the Certification and Motion for Discharge, review the docket to ensure the debtor complied with the deficiency notice, by filing the official form B23.  If  not filed, notify a Supervisor.

 

Step 5

After the 30 day period expires:

 

Debtor does NOT file a Certification and Motion for Entry of Discharge issue a deficiency notice: See Deficiency Notice - Failure to File Certification and Motion for Entry of Discharge .

 

Debtor does file Certification and Motion for Entry of Discharge. See instructions: Certification and Motion for Entry of Discharge

 

 

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Pre and/or Post - BAPCPA Case - Debtor is NOT Eligible for Discharge:

 

Requirements:

 

Notice of Completion of Plan Payments (certificate of service not required)

Note:

In a joint case whereas only one debtor is eligible for discharge, confer with a Supervisor, for instructions to issue a notice of Ch 13 requirements to receive a discharge, to the eligible debtor.

 

Docket Event:

 

[Bankruptcy > Trustee/US Trustee > Notice of Completion of Plan Payments (Ch13) - Pre BAPCPA or Ineligible for dsch]

Note:

Because the debtor is not eligible for a discharge, the event does not set a deadline to file a motion for discharge nor does it generate a Clerk's notice setting out the requirements to receive a discharge.  If the trustee uses the docket event that generates the notice, delete the notice from the holding bin (if the Clerk's notice was issued, you must withdraw the notice), terminate the deadline and edit the docket text removing the deadline information.

 

Process for an individual case or a joint case whereas both debtors are ineligible for discharge :

 

Step 1

 

Trustee files the Notice of Completion of Plan Payments (using the above event)

 

Step 2

Case administrator QC's pdf document.  

 

Step 3

Trustee files his/her Chapter 13 Final Report and Account

 

Step 4

Case administrator verify's the pdf document is the correct document then generates the Final Report and Account from holding bin

 

Step 5

Review the docket, for the closing requirements and then proceed to enter the order closing, using the docket event: [Bankruptcy> Orders/Opinions> Other Orders> Closing Case (ALL CHAPTERS)].

  • If the debtor(s) executed a written waiver of discharge (See Waiver and Motion for Waiver ), select the closing disposition code "F" Discharge Waived

  • If an order was entered "Denying Discharge" under section 1328(f), select the disposition code "E" Discharge Denied

 

 

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Process for a joint case whereas only one debtor is eligible for discharge :

 

Step 1

 

Trustee files the Notice of Completion of Plan Payments (using the above event)

 

Step 2

Case administrator QC's pdf document.  

 

Step 3

Contact a Supervisor for instructions for issuing a manual notice to the eligible debtor of the Requirements to File Certification and Motion for Entry of Discharge.  You will need to manually set a  30 day deadline "Certification/Reqt Entry Dsch" for the eligible debtor to file the certification and motion for discharge.

 

 

Step 4

For cases filed March 10, 2008 and thereafter, review the docket to ensure the eligible debtor has filed an Official form B23 (Debtor's Certification of Completion of Instructional Course Concerning Financial Management).   If not filed, contact a Supervisor for issuing a *manual deficiency notice.

 

When the eligible debtor files the Certification and Motion for Discharge, review the docket to ensure the debtor complied with the deficiency notice, by filing the official form B23.  If not filed, notify a Supervisor.

 

*Note: Docket manual deficiency notice using: [Bankruptcy> Court Events> Notice - BNC Mailing].

 

Step 5

After the 30 day period expires and if the eligible debtor fails to file a Certification and Motion for Entry of Discharge, see a Supervisor for instructions for issuing a manually deficiency notice.

 

Step 6

After the eligible debtor files the Certification and Motion for Discharge and the objection period has expired and no objections are filed, see a Supervisor for issuing a manual discharge order for the eligible debtor. (Currently the docket event for discharging a debtor after plan completed is not set up to issue a discharge for only ONE debtor in a joint case.)

 

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