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Joint Administration or Transfer; Substantive Consolidation

Local Rule Number: 
Rule 1015-1
1000 Series

(A)       Joint Administration or Transfer. 

(1)        Motion.

(a)         Where Filed.  A party seeking joint administration of related cases shall file a motion seeking such relief in all affected cases. If all affected cases have not been assigned to the same judge, the party shall file a separate motion in each case assigned to a judge not presiding over the first-filed case, requesting transfer of each such case to the judge presiding over the first-filed case. In matters where joint administration is not at issue, a party seeking transfer of related cases to a single judge may file a motion seeking such relief in the case or cases to be transferred.

(b)         Content.  Motions for joint administration shall include a statement as to whether joint administration will give rise to any conflict of interest among the estates of the cases to be jointly administered.  Motions for intra-district transfer will specify with particularity why a case or cases for which transfer is sought is or are related to a case or cases before the judge to whom transfer is requested, and why the transfer should be to that particular judge rather than the judge presiding over the case for which intra-district transfer is sought.

 (2)        Consideration of Motion by Court.

(a)        Chapter 11 Cases.    A motion for joint administration may be considered by the court ex parte if filed in accordance with Local Rule 5005-1(G)(1)(a) and Local Rule 9013-1(C)(14), except that a motion requesting joint administration of a chapter 11 case of an individual with one or more related chapter 11 cases shall be considered by the court pursuant to Local Rule 9013-1(D)(4)(i), and in accordance with Local Rule 9073-1.

(b)      Cases Other Than Chapter 11.  A motion for joint administration filed in other than a chapter 11 case shall be considered by the court after hearing on notice pursuant to Local Rule 9013-1(D)(4)(i), and in accordance with Local Rule 9073-1.

(3)        Local Form Order Required.  A proposed order jointly administering a case shall conform to the applicable local form order jointly administering cases.

(4)        Filing Papers in Cases With Pending Motions for Joint Administration of Non Individual Chapter 11 cases. Pending determination of a motion for joint administration of cases where all debtors subject to the motion are non individual chapter 11 debtors, parties in interest shall file documents (other than claims) in the case requested in such motion to be designated the lead case as though the motion has been granted.

 (5)        Manner of Joint Administration.  Jointly administered cases shall be administered as follows:

(a)        Designation of Lead Case.  For cases filed at the same time, the first case assigned to a judge shall be designated in the joint administration order as the “lead case”.  For cases jointly administered subsequent to the original filing date, the order for joint administration shall designate the “lead case”.

(b)        Caption.  Court papers filed after joint administration shall be captioned as provided in Local Rule 9004-2.

(c)        Docket.  A single case docket shall be maintained after the entry of the order for joint administration, under the case number of the case designated in the joint administration order as the “lead case”.  If docketing prior to entry of the order for joint administration commenced under (A)(4) and the motion is subsequently denied, any intervening document filed and docketed in the presumed lead case shall not be redocketed in the intended “member” case. Instead, the clerk shall annotate the member case docket to reflect that papers filed during the pendency of the motion and docketed in the presumed lead case are deemed filed in the intended case as of the date originally filed and shall remain under case number (presumed lead case) and shall not be redocketed.

(d)        Claims.  A separate claims register shall be maintained for each case.  Claims shall be filed only in the name and case number of the debtor against which the claim is asserted.  A separate claim must be filed in each jointly administered case in which a claim is asserted against the particular debtor.

(e)        Ballots.  Ballots shall be styled only in the case name and number of the member case for which the plan being voted on was filed.

(B)        Substantive Consolidation.  Court papers filed after substantive consolidation shall be styled as provided in Local Rule 9004-2.  Any proof of claim filed and docketed prior to the consolidation shall remain docketed on the register for the case number for which it was submitted.

☞2015 Amendment: Entire rule has been reorganized for clarity. Section (2) local rule references updated. New section 5(c) provides that clerk no longer has to redocket papers permitted to be filed only in presumed lead case while motion to jointly administer is pending if such motion is subsequently not granted. Section (B) reference to customized proof of claim form removed since such form no longer exists.

[Comment: See Local Rules 1073-1(B) (divisional assignment of cases), 9004-1 (style of papers) and 9004-2 (caption of papers).]