Rule 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).
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 2, 2024, eff. Dec. 1, 2024.)