Order of Discharge (Ch. 7)/Auto Discharge Report
Last Updated: July 22, 2021

Chapter 7 cases may be discharged AFTER:

1. Last day to object to the discharge has passed.
2. Time for filing a Motion to Dismiss/Convert for Abuse has passed (30 days after Statement of Presumed Abuse is filed).

Unless:

• Debtor is not an individual (e.g., corporations, e.g.,  Corp., Inc.,  L.L.C., S.C.; partnerships; or trust)

• 727 Adversary or Motion Objecting to Discharge is pending

• Discharge was denied

• Debtor has filed a Waiver under §727

• Motion/Stipulation to Dismiss/Convert is pending

• Motion/Stipulation to Extend Time to Object to Discharge is pending

• Motion/Stipulation to Extend Time to File a Motion to Dismiss Case (abuse) is pending

• Filing fees are not paid

• Certificate of Financial Management Course has not been filed (unless debtor or joint debtor is exempt or requirement was waived)

• Motion to Delay Discharge is pending

• Motion to Extend Time to file a Reaffirmation Agreement is pending

• A Reaffirmation Agreement was filed and there is a presumption of undue hardship

• A Reaffirmation Agreement was filed by a pro se debtor and hearing is necessary (this hearing should be held before the last day to object to discharge has passed)
  See instructions for Reaffirmation/Discharge Hearing

• Case was previously discharged and a PRVDISCH flag is on case

• Required Schedules, Statements or Employee Income Records are not filed

NOTE:  If the 341 Meeting has NOT been concluded, the CASE WILL NOT AUTO DISCHARGE.

• You may wait for the Chapter 7 Trustee to conclude the 341 Meeting.
• If a party requests a discharge and none of the above are an issue, THEN manually discharge. 

Chapter 7 cases:  Chapter 7 cases on the eligible list will be discharged automatically via the Auto Discharge program in ECF. No action is necessary when a Chapter 7 case appears on the eligible list. Follow procedures below to review cases on the ineligible list.

Run and Review Auto Discharge Report:

1. Generate the Automatic Discharge Report [Reports > Auto Discharge Report].

   • Select group 1 and click next.

   • Sort report by Office and Terminal Digit.

   • The report will list the cases as eligible or ineligible for discharge.

   • Cases on the eligible list will be discharged automatically via the Auto Discharge program in ECF. No action is necessary.

   • Cases on the ineligible list should be reviewed monthly.

2. Review each case on the ineligible list by clicking on the file number hyperlink which takes you to the Query screen or the Dkt hyperlink which takes you directly to the docket.
   
   Cases on the ineligible list may, or may not, be ready to discharge. Common reasons for ineligibility:

   1. 1. Docket events which prohibit a case from being discharged exist for the specified case.

         • pending complaints

         • Pending motion to extend time to dismiss case

         • pending motion to approve reaffirmation agreement

         • pending motion to convert case

         • pending motion to dismiss case

         • pending motion to dismiss party

         • pending motion to extend time to object to discharge

         • pending motion to sever case

      2. Docket events required

         • financial management certificate  

      3. Flags which prohibit a case from being discharged.

         • reaffirmation hearing pending

         • action required

         • hold discharge

         • 727 objection to discharge

         • adversary pending

         • amended schedules

         • motion to dismiss pending

         • stipulation pending (may be a stipulation to extend time to object to discharge, dismiss, or sever case)

         • deficient document

         • motion to extend time pending (may be a motion to extend time to object to discharge)

         • motion to sever case pending

         • discharge denied

         • converted (the first objection to discharge date may not have been terminated)

         • consolidated, joint administration

         • set reaffirmation hearing

         • reaffirmation hardship

         • motion to delay discharge pending

         • previously discharged

         • repeat

         • 316 pending

         • 707b

         • amended SSN

         • counseling due

         • Debt Ed

         • Form 21

         • Employee Income Records

         • Action Required

         • IFP Pending

         • Means U, Means yes

         • review 316

         • tax request

         • motion to dismiss party pending

         • notice re: 707(b)

         • pro se reaffirmation

         • reaffirmation hardship
           
           NOTE: Cases that convert to Chapter 7 should have a MEANSNO flag set upon conversion. The U.S. Trustee has 14 days from the conclusion of the first meeting of creditors to file a statement of abuse. Assuming all other discharge criteria has been met, case may be discharged if no statement of abuse is filed within these 14 days. This date may be after the last day to object to discharge.

      4. Scheduled events (deadlines) which prohibit a case from being discharged.

         • incomplete filings due

         • installments

         • amended schedules

         • 316

         • 341 meeting

         • credit counseling

         • means test

         • financial management certificate

         • extension to object to discharge

         • filing fee due

         • extension to file motion to dismiss

      5. Scheduled delay prohibited this case from being discharged.

         • A 5-day delay has been set to allow for any backlog of case work.

         • 3-day delay after financial management certificate to allow court to QC certificate.

      6. Fee Status which prohibit a case from appearing on the auto discharge report.

         • installment

         • fee not paid
           
           Note: To check the fee status go to [Utilities> Edit Case Date > Fee Status]

To Manually Discharge Case:

Suggestion: Rather than manually discharging a case that is ready for discharge, satisfy the criteria keeping the case off the eligible list. For example, if a HoldDischarge flag is on the case and the case can be discharged, remove the HoldDischarge flag. The case will then auto discharge. In some situations it is necessary to manually discharge a case. For example, a 523 adversary complaint. The case can be discharged but we don't want to remove the adversary pending flag because that flag is necessary to keep the case ineligible for closing.

1. Docket the Order of Discharge [Bankruptcy > Orders/Opinions > Other Orders > Discharging Debtor(s) (auto form)].

   • Select which debtor is being discharged

   • Select Disposition method for one or both debtors - Standard Discharge

   • Review flags when flag screen is presented; Terminate appropriate flags

   • Send to creditors via the BNC.

   • • The Discharge Ch7 is listed (defaults to checked); Click Next.  A formatted notice is displayed. Click the Submit button to complete processing. A link to the final form is displayed on the next screen.

   • Note: It is no longer necessary to split a case when only one debtor is discharged.

UPDATES:

07/22/2021  Added NOTE stating:  If the 341 Meeting has NOT been concluded, the CASE WILL NOT AUTO DISCHARGE.

Court Instructions