Local Rule 1015-1: Joint Administration and Substantive Consolidation
Bankr. D. Alaska — General rule
Rule 1015-1 Joint Administration and Substantive Consolidation
(a) Motion. Except as specifically provided for in this Rule for joint cases, all motions for joint administration or substantive consolidation under Rule 1015, Federal Rules of Bankruptcy Procedure, must be: (1) filed in each affected case; (2) transmitted to the United States trustee; and (3) served on the— [A] debtors, [B] trustees, and [C] any committee(s) appointed in the cases.
(b) Notice. Except as specifically provided for in this Rule for joint cases, twenty-one (21) days' notice of a Motion for Substantive Consolidation conforming to AK LBF 27 or AK LBF 28, as appropriate, must be mailed to the Matrix in each affected case.
(c) Substantive Consolidation of Joint Cases Commenced Under 11 U.S.C. § 302.
(1) The filing of a joint petition by spouses constitutes a motion by the debtors that the separate estates of the debtors be substantively consolidated.
(2) Any party in interest, the debtors, trustee or the United States trustee may file an objection to substantive consolidation of the separate estates. [A] An objection to substantive consolidation must be filed not later than the date set for filing a proof of claim under Rule 3002(c), Federal Rules of Bankruptcy Procedure, and— (i) transmitted to the United States trustee, and (ii) served on the debtors and the trustee. [B] The party objecting to substantive consolidation must: (i) submit a Calendar Request (AK LBF 7) requesting a hearing on substantive consolidation contemporaneously with the filing of an objection to substantive consolidation; and (ii) give not less than fourteen (14) days' notice of the hearing to all parties on the Matrix.
(3) If no objection to substantive consolidation is served and filed by the time specified in paragraph (d)(2), the estates will be substantively consolidated without further order of the court.