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Bankruptcy court seeks comment on proposed rule changes

November 1, 2018

The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning proposed changes to the court’s local rules.

The proposed changes to Rule B-4004-2, now known as Discharge in Chapter 13 Cases, would make the rule applicable to both Chapter 12 and 13 cases. For example, the proposed changes to section (a) would include language that reads, “In any case under Chapter 12 or 13, in order to receive a discharge after completing all the payments under a confirmed plan, the debtor shall file a Verified Motion for Entry of Discharge.”

Then in section (b), language would be added stating the verified motion for entry of discharge “shall be filed on the corresponding local form – LBF-4004-2(a) (Chapter 13) or LBF-4004-2(b) (Chapter 12),” and that all requirements will be enumerated in the local form.

Further, the amendment to section (b) would hold that a motion submitted in any other form may be denied without notice or hearing. If the debtor is represented by counsel, the motion shall also be signed by debtor’s counsel.

The proposed amendments also include a draft of a Verified Motion for Entry of Chapter 12 Discharge to be included with Rule B-4004-2, while other language would be stricken.

Comments and suggestions will be accepted from members of the bench, bar and public through Dec. 2. Comments must be made in writing and can be sent via email to comments@innb.uscourts.gov or through the mail to Christopher M. DeToro, Clerk of Court for the United States Bankruptcy Court, Northern District of Indiana, 401 South Michigan St., South Bend, 46601.

 The full list of proposed amendments can be read here.

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