A) In chapter 7 bankruptcy cases, the entry date of a discharge on the case docket depends upon whether a trustee or creditor objects to the debtor receiving a discharge. For information about non-dischargeability issues and proceedings, consult Bankruptcy Code Section 727 and Federal Rules of Bankruptcy Procedure Rule 4004.

(1) The earliest date that a discharge will be entered on the case docket is shortly after the sixtieth (60th) day following the first date set for the 341(a) Meeting of Creditors. Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge. This sixty (60) day period ensures that a trustee and creditors have sufficient time to conduct investigations, and the court may extend the deadline if an appropriate motion to extend the filing deadline is filed before the sixty (60) day period expires.

(2) The later date that a discharge will be entered is after other actions are taken, such as:

1. A trustee or creditor can delay the entry of a discharge order by filing a complaint (adversary proceeding) objecting to the discharge within the sixty (60) day period mentioned above or by getting the court to extend the sixty (60) day deadline;
2. A creditor or debtor can delay by filing a reaffirmation agreement;
3. An individual debtor will cause a delay by not filing Certification of Completion of Instructional Course
4. Concerning Personal Financial Management (Form 423). For requirements for filing proof of completion of the Certification of Completion of Instructional Course Concerning Personal Financial Management; and
5. The U.S. Trustee filed a motion to dismiss the bankruptcy case under Bankruptcy Code Section 707(b), and the motion is still pending.

(3) A discharge will not be entered in a chapter 7 case if:

1. In Chapter 11 cases, if the debtor is an individual, a discharge may be entered once the debtor has completed making payments under the Chapter 11 plan. If the debtor is not an individual, the debtor must be entitled to a discharge, and if so, a discharge order may be entered once the Chapter 11 Plan is confirmed. For more information, see Bankruptcy Code Section 1141 and consult a bankruptcy attorney.
2. In Chapter 13 cases, a discharge is usually entered once the debtor has completed making payments to creditors in accordance with the terms of the debtor's Chapter 13 Plan and the debtor has filed the Certification of Completion of Instructional Course Concerning Personal Financial Management (Form 423). For requirements for filing the Certification of Completion of Instructional Course Concerning Personal Financial Management, see FAQ Before Filing #16. Also see Bankruptcy Code Section 1328. In limited circumstances a debtor may be granted a discharge despite not complying with discharge rules. This is called a "hardship discharge." See section 1328(b) of the Bankruptcy Code. An attorney should be consulted to determine if this exception applies.

Download Form:  Official Form 423