Rule 4004 Federal Rules of Bankruptcy Procedure

Rule 4004 of the Federal Rules of Bankruptcy Procedure is about Granting or Denying a Discharge. It is under Part IV (The Debtor: Duties and Benefits) of the Rules.

(a) Time to Object to a Discharge; Notice.

(1) Chapter 7. In a Chapter 7 case, a complaint—or a motion under

§ 727(a)(8) or (9)—objecting to a discharge must be filed within 60 days after the first date set for the § 341(a) meeting of creditors.

(2) Chapter 11. In a Chapter 11 case, a complaint objecting to a discharge must be filed on or before the first date set for the hearing on confirmation.

(3) Chapter 13. In a Chapter 13 case, a motion objecting to a discharge under

§ 1328(f) must be filed within 60 days after the first date set for the § 341(a) meeting of creditors.

(4) Notice to the United States Trustee, the Creditors, and the Trustee. At least 28 days’ notice of the time for filing must be given to:

· the United States trustee under Rule 2002(k);

· all creditors under Rule 2002(f);

· the trustee; and

· the trustee’s attorney.

(b) Extending the Time to File an Objection.

(1) Motion Before the Time Expires. On a party in interest’s motion and after notice and a hearing, the court may, for cause, extend the time to object to a discharge. The motion must be filed before the time has expired.

(2) Motion After the Time Has Expired. After the time to object has expired and before a discharge is granted, a party in interest may file a motion to extend the time if:

(A) the objection is based on facts that, if learned after the discharge is granted, would provide a basis for revocation under § 727(d);

(B) the movant did not know those facts in time to object; and

(C) the movant files the motion promptly after learning about them.

(c) Granting a Discharge.

(1) Chapter 7. In a Chapter 7 case, when the times to object to discharge and to file a motion to dismiss the case under Rule 1017(e) expire, the court must promptly grant the discharge—except under these circumstances:

(A) the debtor is not an individual;

(B) a complaint—or a motion under

§ 727(a)(8) or (9)—objecting to the discharge is pending;

(C) the debtor has filed a waiver under

§ 727(a)(10);

(D) a motion is pending to dismiss the case under § 707;

(E) a motion is pending to extend the time to file a complaint objecting to the discharge;

(F) a motion is pending to extend the time to file a motion to dismiss the case under Rule 1017(e)(1);

(G) the debtor has not fully paid the filing fee required by 28 U.S.C.

§ 1930(a)—together with any other fee prescribed by the Judicial Conference of the United States under 28 U.S.C. § 1930(b) that is payable to the clerk upon commencing a case—unless the court has waived the fees under 28 U.S.C. § 1930(f);

(H) the debtor has not filed a certificate showing that a course on personal financial management has been completed—if such a certificate is required by Rule 1007(b)(7);

(I) a motion is pending to delay or postpone a discharge under

§ 727(a)(12);

(J) a motion is pending to extend the time to file a reaffirmation agreement under Rule 4008(a);

(K) the court has not concluded a hearing on a presumption—in effect under § 524(m)—that a reaffirmation agreement is an undue hardship; or

(L) a motion is pending to delay discharge because the debtor has not filed with the court all tax documents required to be filed under § 521(f).

(2) Delay in Entering a Discharge in General. On the debtor’s motion, the court may delay entering a discharge for 30 days and, on a motion made within that time, delay entry to a date certain.

(3) Delaying Entry Because of Rule 1007(b)(8). If the debtor is required to file a statement under Rule 1007(b)(8), the court must not grant a discharge until at least 30 days after the statement is filed.

(4) Individual Chapter 11 or Chapter 13 Case. In a Chapter 11 case in which the debtor is an individual—or in a Chapter 13 case—the court must not grant a discharge if the debtor has not filed a certificate required by Rule 1007(b)(7).

(d) Applying Part VII Rules and Rule 9014. The Part VII rules govern an objection to a discharge, except that Rule 9014 governs an objection to a discharge under § 727(a)(8) or (9) or § 1328(f).

(e) Form of a Discharge Order. A discharge order must conform to the appropriate Official Form.

(f) Registering a Discharge in Another District. A discharge order that becomes final may be registered in another district by filing a certified copy with the clerk for that district. When registered, the order has the same effect as an order of the court where it is registered.

(g) Notice of a Final Discharge Order. The clerk must promptly mail a copy of the final discharge order to those entities listed in (a)(4).