of Domestic Support Obligations and Section 522(q)
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 13 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 1328(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.
Support Obligation Certification
to 11 U.S.C. Section 1328(a) and 1328(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
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 Official Form B2830 Certification of Domestic
Support Obligations and Section 522(a) can be found on the
Pursuant to 11 U.S.C. Section 1328(b)
a debtor must complete an approved financial management course.
The Official Form B423 Certification
About a Financial Management Course shall be filed 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 under Section
1328(b). See also
If this documentation is not filed, the court
will close the case without
discharge being granted.
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
complete a financial education program AND
file a Certification of Domestic Support Obligations with
File Certificate Electronically:
the case number (e.g, xx-xxxxx).
[Certification of Domestic
Support Obligations] from the event list.
the party filer.
to select the Certification (.pdf file).
the final docket text; if correct, click [Next]
to submit your document(s).
Note: The displays
giving you the document number. Copies of this notice are
immediately e-mailed to all participants who receive electronic
service in the case.