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Regarding Motions for Discharge

Friday, October 7, 2022

Pursuant to Mont. LBR 4004-1, motions for entry of discharge are required in Chapter 12 and 13 cases. Historically, these motions have not included a notice and objection period, and the Court has handled these motions inconsistently. Sometimes, these motions have been granted without notice; at other times, the Court has held the motion for 14 days. To resolve this inconsistent approach, the Court has modified docket events to include a notice and objection period. As a result, motions for entry of discharge should include a Notice of Opportunity to Respond and Request a Hearing pursuant to Mont. LBR 9013-1(e).