U.S. Bankruptcy Court
Middle District of Alabama

Discharge

Failure to Complete Financial Disclosure Course

Chapter 7
A new ground for denial of a debtor's Ch. 7 discharge is the debtor's failure to complete the required personal financial management course described in § 111.   The statement is due within 45 days after the §341 meeting.
Section Form ECF Event Deadlines Flags

727(a)(11)

§111(a)
Form 23
Rule 1007(b)(7)
bk>misc>Financial Management Course Certificate
Satisifies finmgt   (45 days from the §341 meeting).This deadline set automatically when the 341 meeting is set.
Removes DebtEd flag set at case opening
bk>notice >Notice of Deficiency Financial Management Course (new form from AO due)**

 terminate finmgt
bk>court event>utility: Can't Close

 15 days Can't Close
bk>court event>Case Closed Without Discharge* terminates can't close deadline Removes Can't Close
* If the debtor subsequently files a Motion to Reopen the  Case to allow for the filing of the Financial Management Course Certificate, the debtor must pay the full filing fee due for filing such a motion.
**  This notice is sent upon expiration of the 45 day deadline to debtors who haven't fulfilled this requirement and allows 15 days before closing the case.
Chapter 13
Similarly, the court shall not grant a Ch. 13 discharge unless the debtor, after filing a petition, completes the personal financial management course described in § 111.  The statement is due no later than the last payment made by the debtor as required by the plan or the filing of a motion for entry of a discharge.
Section
 1328(g)		 Form
 Form 23		 ECF Event
 Deadlines
 Flags
bk>misc>Financial Management Course Certificate
 Removes DebtEd flag set at case opening
bk>court event>Case Closed Without Discharge* Do not remove DebtEd flag when closing case

* If the debtor subsequently files a Motion to Reopen the  Case to allow for the filing of the Financial Management Course Certificate, the debtor must pay the full filing fee due for filing such a motion.

Felonies *

Chapter 7 
A new ground for denial of a debtor’s Ch. 7 discharge exists where the court, after notice and a hearing not later than 10 days before the entry of the order of discharge, finds that there is reasonable cause to believe that: 1) §522(q)(1) may be applicable to the debtor and 2) there is a pending proceeding in which the debtor may be found guilty of a felony of the kind described in §522(q)(1)(A) or liable for a debt of the kind described in § 522(q)(1)(B).
Section Form ECF Event Deadlines Flags/Other
727(a)(12)

§522(q)(1)		 bk>motion>Motion to Delay Discharge
(prompt within event for Reason for Delay)

 This motion will prevent auto discharge
bk>order>Order on Motion to Delay Discharge
 
Chapters 11, 12 and 13
The court may not grant a discharge in a case under chapter 12 [§1228(f)] or 13 [§1328(h)] or an individual debtor’s case under chapter 11 [§ 1141(d)(5)(C)] unless the court finds that there is no reasonable cause to believe that: 1) §522(q)(1) may be applicable to the debtor and 2) there is a pending proceeding in which the debtor may be found guilty of a felony of the kind described in §522(q)(1)(A) or liable for a debt of the kind described in §522(q)(1)(B).
Section
 1141(d)(5)(C)
1228(f)
1328(h)
§522(q)(1)		 Form
 ECF Event
 		Deadlines
 Flags

*NOTE: Pursuant to § 1501(b)(2) of the BAPCPA of 2005, the provisions contained in §§ 727(a)(12), 1141(d)(5)(C), 1228(f) and 1328(h) apply to title 11 cases commenced on or after April 20, 2005 (the date of enactment of the BAPCPA of 2005).

Reaffirmation Agreements

Chapter 7 
A presumption of undue hardship arises where the net amount – after deducting monthly expenses from monthly income – is less than the amount of scheduled payments under the terms of a reaffirmation agreement. Where the presumption exists, no reaffirmation shall be disapproved without notice and a hearing, and such hearing must be concluded before entry of the debtor’s Ch. 7 discharge. This provision does not apply where the other party to the reaffirmation agreement is a credit union. (See Presumption of Undue Hardship under Reaffirmation-Redemption Section for events).
Section
 		 Form
 ECF Event
 Deadlines
 Flags
 

Domestic Support Obligations

Chapters 12 and 13
As a condition to receiving a discharge under Ch. 12 [§1228(a)] or Ch. 13 [§1328(a)], the debtor must certify that all domestic support obligations – required by statute or by judicial or administrative order and owed on or before the date of certification – have been paid. “Domestic support obligation” is defined in § 101(14A).
Section
1228(a)
1328(a)		 ECF Event
bk>misc>Domestic Support Obligations		 Deadlines
 Flags
 

Tax Documents

Chapter 7
§1228(a) of the BAPCPA of 2005 states that the court shall not grant a Ch. 7 discharge unless requested tax documents have been provided to the court. (See Tax Related Documents section for events).
Section
BAPCPA		 Form
 ECF Event
 Deadlines
 Flags