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Order of Discharge to be Delayed if Reaffirmation Pending

Friday, October 18, 2019

Effective immediately, the Bankruptcy Court for the District of Kansas is refining its procedures for issuing an order of discharge.  If a proposed reaffirmation agreement or a motion to enlarge time to file a reaffirmation agreement (see Fed. R. Bankr. P. 4008) remains pending after the deadline to file an objection to discharge has expired, the court will routinely delay issuing an order of discharge until after the pending motion to enlarge time and the pending reaffirmation agreement have been resolved.

 

Practice Tip:  When you file a motion to enlarge time to file a reaffirmation agreement, if the new deadline to file a proposed reaffirmation agreement would expire after the deadline to file an objection to discharge, it is a best practice to contemporaneously file a motion to delay discharge.  You may access the motion to delay discharge event in CM/ECF by clicking the “Bankruptcy” tab, selecting “Motions/Applications,” entering the case number, and selecting the “Delay Discharge” event under the list of “Available Events.”