Service of Ch. 13 "Certificate of Compliance and App 4 Discharge"
Posted: Tue Mar 03, 2015 10:53 am
charsetndows-1252
I dont know about the Chapter 13 Rules Committee, but Chief Judge Bluebond invited people with rules issues to bring them to her attention and she will forward them.
I think all the following items are inconsistent and uncoordinated, piling on costs and complications once a debtor has successfully finished three or five years of compliance with the Plan and taken the Financial Management course:
1. The two rules LBR 3015-1(t) and (x), plus
2. the local other form" (not a Local Rules Form for some reason), Debtors Certification of Compliance under 11 USC 1328(a) and Application for Entry of Discharge, and
3. the other form Debtors Certification of Completion of Postpetition Instructional Course concerning Personal Financial Management (B23) (which says not to file this form if the course provider has filed a certificate), and
4. BNC form Notice of Requirement to File a Debtors Certification of Compliance under 11 USC 1328(a) and Application for Entry of Discharge; and
5. the form notice sent out by Nancy Curry entitled Notice of Intent to File Trustees Final Report and Account, Obtain Discharge of Debtor and Close Case; and
6. Nancy Currys form Declaration re Non-Receipt of Objections to Trustees Final Report & Account and Request for Discharge of Debtor (including in bold print, I request that the debtor be granted a discharge pursuant to 11 USC 1328).
I dont know what the other Chapter 13 Trustees in the District use for forms, or whether there is variance between the Chapter 13 Judges. I also dont know why the clerk cant issue the discharge as soon as the Trustees Final Report and Account is approved (non-objection) and the Certificate of the course provider is filed.
So, who wants to submit this? Or perhaps take a survey?
Obviously, well-informed practitioners have questions.
Jason Wallach
jwallach@gladstonemichel.com
On Mar 3, 2015, at 10:09 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> I've done it that way too, and also serving just ECF people and the Judge, and they've all gone through.
>
> But that doesn't mean it's correct. LBR 3015-1(x) is pretty clear.
>
> This is something that should be clarified in our Local Rules. Anyone here on that Ch. 13 Rules Committee?
>
>
>
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> On 3/3/2015 9:36 AM, sam@southbaybk.com [cdcbaa] wrote:
>> I just file the cert with no certificate of service. Never had a problem.
>
>
>
charsetndows-1252
I dont know about the Chapter 13 Rules Committee, but Chief Judge Bluebond invited people with rules issues to bring them to her attention and she will forward them.I think all the following items are inconsistent and uncoordinated, piling on costs and complications once a debtor has successfully finished three or five years of compliance with the Plan and taken the Financial Management course:1. The two rules LBR 3015-1(t) and (x), plus 2. the local other form" (not a Local Rules Form for some reason), Debtors Certification of Compliance under 11 USC 1328(a) and Application for Entry of Discharge, and 3. the ctional Course concerning Personal Financial Management (B23) (which says not to file this form if the course provider has filed a certificate), and 4. BNC form Notice of Requirement to File a Debtors Certification of Compliance under 11 USC 1328(a) and Application for Entry of Discharge; and 5. the form notice sent out by Nancy Curry entitled Notice of Intent to File Trustees Final Report and Account, Obtain Discharge of Debtor and Close Case; and 6. Nancy Currys form Declaration re Non-Receipt of Objections to Trustees Final Report & Account and Request for Discharge of Debtor (including in bold print, I request that the debtor be granted a discharge pursuant to 11 USC 1328).I dont know what the other Chapter 13 Trustees in the District use for forms, or whether there is variance between the Chapter 13 Judges. I also dont know why the clerk cant issue the discharge as soon as the Trustees Final Report and Account is approved (non-objection) and the Certificate of the course provider is filed.So, who wants to submit this? Or perhaps take a survey?Obviously, well-informed practitioners have questions.
Jason Wallach
The post was migrated from Yahoo.