Local Rule 1015-1: JOINT ADMINISTRATION/CONSOLIDATION
Bankr. D. Vt. — General rule
RULE 1015-1. JOINT ADMINISTRATION/CONSOLIDATION.
(a) Case Filed by Married Debtors. Married individuals may file a joint petition and pay one filing fee but must also file joint schedules and a joint statement of financial affairs. If an item on a schedule or statement requires a different response from each debtor, the responses must be labeled to indicate which spouse is offering each response. Each asset and liability listed on the schedules or statements of married debtors filing jointly will be considered jointly owned unless otherwise indicated.
(b) Joint Administration of Related Cases. Unless otherwise ordered, motions for joint administration of related cases must be made in all subject cases, be served on all creditors and parties in interest, and designate which of the subject cases the movant seeks to have designated as the lead case.
(1) Upon entry of an order of joint administration, the Clerk will:
(A) designate one of the cases the lead case for docketing and filing;
(B) enter the original order of joint administration in the lead case;
(C) enter the order of joint administration simultaneously on the dockets of all other subject cases; and
(D) thereafter, maintain only the lead case docket for activity affecting any of the jointly administered cases, with the exception that the Clerk will maintain a separate docket for each petition, amendments and claims register.
(2) Consolidated Master Mailing List. Within seven days of the entry of the order of joint administration, the party who obtained the order must file with the Clerk a consolidated master mailing list constituting an aggregate master mailing list of all interested parties in all the jointly administered cases without duplication. See Local Rule 1007-3.
(3) Additional Copies. In jointly administered chapter 9 or 11 cases, the Clerk may require the parties to file additional copies of documents.
(c) Substantive Consolidation of Related Cases.
(1) Motion. Unless otherwise ordered, motions for substantive consolidation must be presented in each of the subject cases, served on all creditors and parties in interest, and specify which case the movant seeks to have designated as the lead case.
(2) Consolidated Master Mailing List. Within seven days of the entry of the order of substantive consolidation, the party who obtained the order must file with the Clerk a consolidated master mailing list constituting an aggregate master mailing list of all interested parties in all the substantively consolidated cases without duplication. See Local Rule 1007-3.
(3) Caption, Docket Entries, and Filing. Prior to the entry of an order of substantive consolidation, all documents must be filed with captions corresponding to the cases in which they are filed. Once the court has ordered the cases substantively consolidated, those cases will be treated as one case for all purposes, with a single case number, caption, claims register, and docket.
(d) How to Terminate Substantive Consolidation.
(1) A party seeking an order terminating substantive consolidation must file a motion:
(A) in a chapter 7 asset case, the motion must be filed no later than the date set for the hearing on the trustee's final report;
(B) in a chapter 12 or 13 case, the motion must be filed no later than 60 days after the last date for filing a proof of claim, provided that any creditor who files a proof of claim has 60 days after the claim is timely filed to file a motion to terminate the substantive consolidation; and
(C) in a chapter 11 case, the motion must be filed prior to the entry of an order confirming the plan, unless the Court has entered an order allowing proofs of claim to be filed after confirmation, in which case the motion must be filed within the period specified for chapter 12 or 13 cases.
(2) Termination of substantive consolidation will be effective retroactively, and post-petition acquisitions of the estate will be allocated accordingly, to the extent proceedings in the consolidated cases have not rendered that impossible.