A request for entry of a discharge for an individual chapter 11 debtor shall be made by motion. At least twenty-eight (28) days prior to the hearing on the motion, the notice of hearing and the deadline to object and the motion shall be served on creditors, parties in interest, and the United States Trustee. Objections shall be filed not later than seven (7) days prior to the hearing.
11 U.S.C. § 522(q)(1), § 1141(d)(5)
Fed. R. Bankr. P. 1007(b)(7)(B), (b)(8), 4004(c)(3), (c)(4)
Advisory Committee Notes:
11 U.S.C. § 1141(d)(5) provides that where the debtor is an individual, the court may grant a discharge pursuant to a confirmed chapter 11 plan after notice and a hearing. This rule is intended to ensure that parties who may be affected by entry of the discharge receive notice and an opportunity to be heard with adequate time to respond prior to entry of the discharge. The motion needs to include adequate information to allow creditors, parties in interest, the United States Trustee and the court to ascertain whether the debtor has satisfied the requirements for entry of a discharge.