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Chapter 12 and 13 Administrative Procedures

I. General

Debtors seeking entry of a discharge under 11 U.S.C. § § 1228(a) or 1328(a) are required to file the applicable "Debtor's Certified Motion for Entry of Discharge and Notice of Deadline to Object" local form (IANB 1228 or IANB1328). This applicable form is to be filed with the Court upon completion of all payments under the plan, and will provide a 21-day bar date for objections to the recipients of initial service.  

 

II. Initial Service of Motion (Limited)

The attorney for the debtor is required to serve a copy of "Debtor's Certified Motion for Entry of Discharge and Notice of Deadline to Object" ("Debtor's Certificed Motion for Discharge") on the Chapter 12 or 13 Trustee ("Trustee"), the United States Trustee, the United States Attorney and the Iowa Department of Human Services/Child Support Division, and file a certificate of service with the court. Pro se debtors must file the Debtor's Certified Motion for Discharge with the Court. If the debtor is pro se, the Clerk shall serve a copy of the Debtor's Certified Motion for Discharge on the Trustee, the United States Trustee, the United States Attorney and the Iowa Department of Human Services/Child Support Division.

 

III. Trustee Responsibilities

The Trustee shall review the contents of the Debtor's Certified Motion for Discharge and take one of the following actions:

A.     Plan Payments Complete: If the Trustee believes the motion is accurate and complete, and all plan payments have been made, the Trustee will file a Statement of No Objections. 

B.     Plan Payments Incomplete: If the Trustee believes the motion is not accurate or complete, or the debtor has failed to complete the plan payments prior to the filing of the Debtor's Certified Motion for Discharge, the Trustee will file an objection prior to the conclusion of the 21-day bar date. The Clerk shall set the matter for hearing providing notice of the hearing to all recipients of the initial service of the motion. 

 

IV. Objections from the United States Attorney and/or the Iowa Department of Human Services/Child Support Division

The United States Attorney and the Iowa Department of Human Services/Child Support Division shall review the contents of the Debtor's Certified Motion for Discharge and, in those cases in which either agency has an objection to the motion, it shall file its objection prior to the conclusion of the 21-day bar date. The Clerk's Office will set the matter for hearing, providing notice of hearing to all recipients of the initial service of the motion.

 

V. Trustee's Final Report

Upon resolution of any outstanding objection to the Debtor's Certified Motion for Discharge , and in the normal course of Chapter 12 or 13 case administration, the Trustee will file the Trustee's Final Report and Account ("Trustee's Final Report") in the case, attaching thereto a copy of Debtor's Certified Motion for Discharge (and any amendments/modifications filed with the court). The Clerk will provide notice of the Trustee's Final Report, the Debtor's Certified Motion for Discharge, and the 30-day bar date to all creditors and parties in interest.

 

VI. No Objection or Objections to the Final Report

No Objections to Trustee's Final Report - In the absence of any timely filed objections to the Trustee's Final Report or to Debtor's Certified Motion for Discharge, and providing the debtor is otherwise eligible to receive a discharge, the Court will issue a discharge in the case, within fourteen (14) days of the conclusion of the 30-day bar date for objections to the Trustee's Final Report.

 

Objections to Trustee's Final Report - If an objection to the Trustee's Final Report or the Debtor's Certified Motion for Discharge is timely filed by a creditor or party in interest, the Clerk will set the matter for hearing, and provide notice of said hearing to the debtor, debtor's attorney, any objecting parties, the Trustee, and the United States Trustee.