Rule 4004-2

DEBTOR’S CERTIFICATION CONCERNING DOMESTIC SUPPORT OBLIGATIONS IN A CASE UNDER CHAPTER 12 OR CHAPTER 13 – Amended [August 1, 2013]

  1. In a chapter 12 or chapter 13 case, within thirty (30) days before the date on which the last payment is due under the plan, or when the debtor files a motion to request a hardship discharge under section 1228(b) or section 1328(b) of the Bankruptcy Code, whichever is earlier, the Standing Trustee shall furnish the debtor with a Debtor’s Certification Regarding Domestic Support Obligations, Director’s Procedural Form B283, which shall be available on the Court’s website (http://www.nysb.uscourts.gov/official-bankruptcy-forms).

     

  2. The debtor shall complete, sign, and return to the Standing Trustee the Debtor’s Certification Regarding Domestic Support Obligations when submitting the check for the last payment under the chapter 12 or chapter 13 plan or, if the debtor has filed a motion to request a hardship discharge, no later than the date of the hearing on the debtor’s motion. In a joint case, each debtor must complete and sign a separate Debtor’s Certification Regarding Domestic Support Obligations.

     

  3. The Standing Trustee shall attach the completed Debtor’s Certification Regarding Domestic Support Obligations when electronically filing the Notice of Request for a Discharge or, in a case in which the debtor seeks a hardship discharge, shall otherwise make it available on the docket of that case.

     

Comment

     This rule was added in 2013 to include in the Local Bankruptcy Rules the provisions established by General Order M-338, relating to the debtor’s certifications regarding domestic support obligations. Though General Order M-338 provided that the Standing Trustee “should” furnish the debtor with the certification form, and “should” attach the completed form to the Notice of Request for a Discharge, this rule makes these provisions mandatory. General Order M-338 was abrogated and replaced by this local rule in 2013.