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Bankr. N.D. Fla. Loc. R. 4004-1 — Grant or Denial of Discharge: the court's own rule, verbatim from UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF FLORIDA Local Rules (EFFECTIVE DATE: February 26, 2024), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Northern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures; subsection (A) as amended by Administrative Order No. 24-003, effective December 1, 2024.
Subsection (A) reads as amended by the court's Administrative Order No. 24-003 (“ORDER AMENDING LOCAL RULE 4004-1(A)”, entered November 27, 2024, effective December 1, 2024; https://www.flnb.uscourts.gov/sites/flnb/files/general-orders/AO24-003.pdf). The court's Local Rules book, from which the rest of this rule is taken, still prints the earlier text of (A). Both documents are held with their sha256.
(A) Chapter 7 Debtors. Fed. R. Bankr. P. 1007(b)(7), as amended effective December 1, 2024, requires submission of a certificate from the approved course provider to evidence completion of a course in personal financial management. If a Chapter 7 debtor maintains that he or she is not required to take a personal financial management course due to incapacity or disability as defined in 11 U.S.C. § 109(h) or being on active duty in a military combat zone, the debtor shall file a motion for waiver of personal financial management course and attach an affidavit (form available online) that sets forth the details of the claimed incapacity, disability, or active military duty. Such Affidavit shall be sworn and notarized and shall be construed as being filed under penalty of perjury. (B) Chapter 13 Debtors. In order to obtain a discharge, all Chapter 13 debtors shall file with the Court and serve on the Chapter 13 Trustee a certification that the debtor has paid all amounts that are required to be paid under a domestic support obligation as required by a judicial or administrative order, or by statute, that were due on or before the date of the certification, including amounts due before the petition was filed, but only to the extent provided for by the Chapter 13 Plan. If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a certification that so states. Chapter 13 debtors shall certify compliance with 11 U.S.C. § 1328(h) using the following language: (1) The debtor has not claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) [generally the Debtor’s homestead]; or (2) The debtor has claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) but there is no pending proceeding in which the debtor may be found guilty of a felony of a kind described in § 522(q)(1)(A) or found liable for a debt of the kind described in § 522(q)(1)(B). (C) Individual Chapter 11 Debtors. In an individual Chapter 11 the debtor shall certify compliance with 11 U.S.C. § 1141(d)(5)(C): (1) The debtor has not claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) [generally the Debtor’s homestead]; or (2) The debtor has claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) but there is no pending proceeding in which the debtor may be found guilty of a felony of a kind described in § 522(q)(1)(A) or found liable for a debt of the kind described in § 522(q)(1)(B). (D) Chapter 12 Debtors. All Chapter 12 debtors shall file with the Court, and serve on the Chapter 12 Trustee, a certification that the debtor has paid all amounts that are required to be paid under a domestic support obligation as required by a judicial or administrative order, or by statute, that were due on or before the date of the certification, including amounts due before the petition was filed, but only to the extent provided for by the Chapter 12 Plan. If the debtor is not required to pay any amounts under a domestic support obligation, then the debtor shall file a certification stating that the debtor is not required to pay said amounts. Chapter 12 debtors shall certify compliance with 11 U.S.C. § 1228(f) (Chapter 12): (1) The debtor has not claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) [generally the Debtor’s homestead]; or (2) The debtor has claimed an exemption under § 522(b)(3) in an amount that exceeds the specified § 522(q) dollar amount in value in property of the kind described in § 522(q)(1) but there is no pending proceeding in which the Debtor may be found guilty of a felony of a kind described in § 522(q)(1)(A) or found liable for a debt of the kind described in § 522(q)(1)(B).
(A) Chapter 7 Debtors. Fed. R. Bankr. P. 1007(b)(7), as amended effective December 1, 2024, requires submission of a certificate from the approved course provider to evidence completion of a course in personal financial management. If a Chapter 7 debtor maintains that he or she i