Certification of Domestic Support Obligation (Chapter 12)

Last Updated: December 1, 2015

Pursuant to Local Rule 4004-1 the court has determined that a certification will be required to be filed by each individual chapter 12 debtor prior to obtaining a discharge.  In joint cases, each debtor is required to file a separate certification. The certification must be filed within 30 days after the trustee has filed the final report indicating all payments under the plan have been made and certify whether a debtor has claimed an exemption in property pursuant to 522(q) or at the time a motion for entry of discharge under 1228(b). Failure to file the certification will result in the case being closed without discharge.  If the debtor(s) subsequently files a motion to reopen the case to allow for the filing of the certification, the debtor(s) must pay the full filing fee due.

Domestic Support Obligation Certification

Pursuant to 11 U.S.C. Section 1228(a) and 1228(h), a debtor who is required to pay a domestic support obligation must certify, upon completion of plan payments, that all amounts due under any order of a court or administrative agency or under any statute have been paid and certify whether a debtor has claimed an exemption in property pursuant to 522(q). The form should not be filed until completion of plan payments.  The Form B2830 Certification of Domestic Support Obligations can be found on the court's website.

If this documentation is not filed, the court will close the case without discharge being granted.

Summary:

  • Cases filed prior to 10/17/2005 - Completion of plan payments and the filing of the Trustee's Final Report.

  • Cases filed on or after 10/17/2005 - Upon completion of plan payments or within 30 days after the filing of the Trustee's Final Report indicating completion by the debtor of all payments under the plan, EACH individual debtor must file a Certification of Domestic Support Obligations with the court.

Filing Requirements

To File Certificate Electronically:

  1. Login to CM/ECF

  2. Select [Bankruptcy> Misc/Other].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Certification of Domestic Support Obligations] from the event list.

  5. Select the party filer.

  6. Browse to select the Certification (.pdf file).

  7. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic service in the case.

 

 

 

11 U.S.C. 1128
FRBP: 1007; 4004; 4006

Local Rule 4004-1