Fed. R. Bankr. P. 4004 — Granting or Denying a Discharge

(a) Time to Object to a Discharge; Notice. (1) Chapter 7. In a Chapter 7 case, a complaint—or a motion under § 727(a)(8) or (9)—objecting to a discharge must be filed within 60 days after the first date set for the § 341(a) meeting of creditors. (2) Chapter 11. In a Chapter 11 case, a complaint objecting to a discharge must be filed on or before the first date set for the hearing on confirmation. (3) Chapter 13. In a Chapter 13 case, a motion objecting to a discharge under § 1328(f) must be filed within 60 days after the first date set for the § 341(a) meeting of creditors. (4) Notice to the United States Trustee, the Creditors, and the Trustee. At least 28 days’ notice of the time for filing must be given to: • the United States trustee under Rule 2002(k); • all creditors under Rule 2002(f); • the trustee; and • the trustee’s attorney. (b) Extending the Time to File an Objection. (1) Motion Before the Time Expires. On a party in interest’s motion and after notice and a hearing, the court may, for cause, extend the time to object to a discharge. The motion must be filed before the time has expired. (2) Motion After the Time Has Expired. After the time to object has expired and before a discharge is granted, a party in interest may file a motion to extend the time if: (A) the objection is based on facts that, if learned after the discharge is granted, would provide a basis for revocation under § 727(d); (B) the movant did not know those facts in time to object; and (C) the movant files the motion promptly after learning about them. (c) Granting a Discharge. (1) Chapter 7. In a Chapter 7 case, when the times to object to discharge and to file a motion to dismiss the case under Rule 1017(e) expire, the court must promptly grant the discharge—except under these circumstances: (A) the debtor is not an individual; (B) a complaint—or a motion under § 727(a)(8) or (9)—objecting to the discharge is pending; (C) the debtor has filed a waiver under § 727(a)(10); (D) a motion is pending to dismiss the case under § 707; (E) a motion is pending to extend the time to file a complaint objecting to the discharge; (F) a motion is pending to extend the time to file a motion to dismiss the case under Rule 1017(e)(1); (G) the debtor has not fully paid the filing fee required by 28 U.S.C. § 1930(a)—together with any other fee prescribed by the Judicial Conference of the United States under 28 U.S.C. § 1930(b) that is payable to the clerk upon commencing a case—unless the court has waived the fees under 28 U.S.C. § 1930(f); (H) the debtor has not filed a certificate showing that a course on personal financial management has been completed—if such a certificate is required by Rule 1007(b)(7); (I) a motion is pending to delay or postpone a discharge under § 727(a)(12); (J) a motion is pending to extend the time to file a reaffirmation agreement under Rule 4008(a); (K) the court has not concluded a hearing on a presumption—in effect under § 524(m)—that a reaffirmation agreement is an undue hardship; or (L) a motion is pending to delay discharge because the debtor has not filed with the court all tax documents required to be filed under § 521(f). (2) Delay in Entering a Discharge in General. On the debtor’s motion, the court may delay entering a discharge for 30 days and, on a motion made within that time, delay entry to a date certain. (3) Delaying Entry Because of Rule 1007(b)(8). If the debtor is required to file a statement under Rule 1007(b)(8), the court must not grant a discharge until at least 30 days after the statement is filed. (4) Individual Chapter 11 or Chapter 13 Case. In a Chapter 11 case in which the debtor is an individual—or in a Chapter 13 case—the court must not grant a discharge if the debtor has not filed a certificate required by Rule 1007(b)(7). (d) Applying Part VII Rules and Rule 9014. The Part VII rules govern an objection to a discharge, except that Rule 9014 governs an objection to a discharge under § 727(a)(8) or (9) or § 1328(f). (e) Form of a Discharge Order. A discharge order must conform to the appropriate Official Form. (f) Registering a Discharge in Another District. A discharge order that becomes final may be registered in another district by filing a certified copy with the clerk for that district. When registered, the order has the same effect as an order of the court where it is registered. (g) Notice of a Final Discharge Order. The clerk must promptly mail a copy of the final discharge order to those entities listed in (a)(4).