Notice of Completion of Plan Payments

12/01/2015

 

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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As general rule a Notice of Completion of Plan Payments is not filed when case converts to a different chapter or case is dismissed.

Case Administrator should contact the filer and recommend the trustee withdraw the notice and docket a private remark.  No follow action required.




Pre - BAPCPA Case

 

Requirements:

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

 

Docket Event:

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

 

 

Note:

Docket event does not schedule a deadline to file a motion for discharge nor does it generate a Clerk's notice setting out the requirements to receive a discharge.

When the trustee uses the incorrect event scheduling a deadline and generates a notice, case administrator must delete the *notice from the holding bin, terminate the deadline, and edit the docket text removing the deadline information. *If the Clerk's notice was issued, case administrator must withdraw the notice).


Step 1

Trustee files the Notice of Completion

 

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 ("Notice of Completion")  (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:

  • Schedules 30-day deadline (deadline "Certification/Reqt Entry Dsch") for the debtor to file a Certification and Motion for Entry of Discharge (Local Form MSSB-M13-1).

  • Generates a Clerk's notice setting out the requirements to receive a discharge.

 

Step 1

Trustee files Notice of Completion

 

Step 2

Verify case is a Post - BAPCPA case 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, terminate the deadline, and edit the docket text removing the deadline information. *If the Clerk's notice was issued, case administrator must withdraw the notice).

 

Step 3

 

Generate clerk's notice (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-Req_13_Dsch.

 

Step 4

 

Cases filed on and after March 10, 2008 review case docket to ensure Official Form 423 (Certification About a Financial Management Course) is filed or an approved course provider filed notice that the debtor completed the financial management course.  If not filed, issue a deficiency notice.  Docket event: [Bankruptcy > Court Events> Notice of Deficiency Financial Management Course].  The notice (dn008finmgtcert) is automatically sent to the debtor and debtor's attorney.

 

When the debtor files the Certification and Motion for Discharge (Local Form MSSB-M13-1) review the docket to ensure the debtor complied with the deficiency notice. If the deficiency is not cured contact a supervisor.

 

Step 5

After the 30 day period expires:

 

Debtor has not filed 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 has filed 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  ("Notice of Completion") (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:

Docket event does not schedule a deadline to file a motion for discharge nor does it generate a Clerk's notice setting out the requirements to receive a discharge.

When the trustee uses the incorrect event scheduling a deadline and generates a notice, case administrator must delete the *notice from the holding bin, terminate the deadline, and edit the docket text removing the deadline information. *If the Clerk's notice was issued, case administrator must withdraw the notice).

 

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

 

Step 1

 

Trustee files the Notice of Completion

 

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 ("Notice of Completion")  (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

Cases on and after March 10, 2008 review the docket to ensure the eligible debtor has filed Official Form 423 (Certification About a Financial Management Course) or an approved course provider filed notice that the debtor completed the financial management course. If not filed, contact a Supervisor for issuing a *manual deficiency notice.

 

When the eligible debtor files the Certification and Motion for Discharge (Local Form MSSB-M13-1) review the docket to ensure the debtor complied with the deficiency notice. If the deficiency is not cured contact a supervisor.

 

*Docket Event:[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 issue a discharge for the eligible debtor.  
Docket Event: [Bankruptcy> Orders/Opinions> Other Orders> Discharging Debtor(s) 13 AFTER plan completion].

 

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