Local Rule Rule 1015-1: Joint Administration of Cases of Affiliated Debtors
Bankr. E.D. Mich. — General rule
Rule 1015-1 Joint Administration of Cases of Affiliated Debtors
(a) The Motion. A motion for joint administration of affiliated debtors filed under F.R.Bankr.P. 1015(b) and (c) must contain detailed information concerning: (1) the disclosure required by F.R.Bankr.P. 1007(a)(3); (2) any inter-debtor claims and whether they are disputed or undisputed; (3) any guaranties or co-obligations among the debtors and non-debtor equity holders; (4) whether any of the debtors is a publicly traded entity; and (5) inter-company transfers within one year before the order for relief.
(b) The Proposed Order. The proposed order attached to the motion must include a paragraph identifying the proposed caption to be used for the jointly administered cases. The caption must use the name of a publicly traded entity, if any, with the other debtors indicated by the phrase, "et al." If there is no publicly traded entity, the name of the debtor to be used must be the name of the debtor with the first filed case. The case number to be used for the jointly administered cases must be the lowest number of the cases. There must also be a footnote to the caption stating that the case is jointly administered with the cases of other debtors, identifying the names and case numbers of the cases of the other debtors.
(c) Service of the Motion. A motion requesting joint administration must be served on the United States trustee, the members and counsel of any official committees (or, if no official committee is yet formed, the list of creditors filed by the debtors under F.R.Bankr.P. 1007(d)), secured creditors, taxing authorities and any other persons as directed by the court.
(d) Service of the Order. The debtors must serve the joint administration order on all of the creditors in each of the jointly administered cases and file a certificate of service.
(e) Subsequent Filings. Except as provided in subpart (f), if the motion for joint administration is granted, then thereafter all papers must be filed only in the lead case and must include the footnote described in subpart (b).
(f) Proof of Claim. Unless the court orders otherwise, a proof of claim in a jointly administered case must be filed in the case of the specific debtor against whom the claim is asserted. Unless the court orders otherwise, all objections to any proof of claim filed in a jointly administered case must be filed only in the lead case.
(g) Joint Cases. Unless the court orders otherwise, the estates in a joint case filed by spouses under § 302(a) will be jointly administered, but in such circumstances there is no lead case for purposes of this rule.