Individual Chapter 7 debtors are eligible to receive a Chapter 7 discharge at the expiration of the period for a party to file a complaint objecting to the entry of such a discharge. Such complaint must be filed no later than 60 days following the first date set for the first meeting of creditors (generally speaking, about 120 days after the filing of the case) however, the period may be extended by the Court for cause on the motion of any party in interest and after hearing on notice. At the end of the 60-day period or as may be extended by the Court beyond such date, the Court will issue an order granting the debtor a discharge unless: the debtor is not an individual, a complaint objecting to the discharge has been filed, the debtor has filed a waiver of discharge under §727(a)(10), or a motion to dismiss pursuant to §707(b) is pending. For all individuals filing for Chapter 7 relief on or after October 17, 2005, completion of an instructional course in personal financial management is also required. The entry of a discharge order, however, does not preclude the Court from subsequently determining the dischargeability of a particular debt if a creditor has timely requested such a determination. For Chapter 13 debtors, the Court grants the discharge as soon as practicable after the debtor completes all payments under a confirmed Chapter 13 plan and creditors have been given an opportunity to object.
No Attorney FAQ