Local Rule 1015-1: JOINT ADMINISTRATION OF CASES

Rule 1015-1 JOINT ADMINISTRATION OF CASES

(a) Joint Voluntary Petition by Married Couple. If a married couple files a joint voluntary petition, the trustee shall administer the estates jointly without order of the Court. If the trustee, a debtor, or any other party in interest desires that the trustee administer the estates separately, that party may move for an order of separate administration.

(b) Joint Administration Generally. Except in the case of a joint voluntary petition by a married couple, a party seeking joint administration shall file a motion for joint administration. A motion for joint administration filed in a Chapter 11 case may be considered with or without a hearing at the Court's discretion.

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

(1) Designation of Lead Case. The earliest filed case assigned to a judge shall be designated in the joint administration order as the "Lead Case," except as otherwise ordered by the Court.

(2) Captions. All papers shall be captioned with the name and case number of the Lead Case followed by the words "Jointly Administered with" beneath the case number and shall include the case names and numbers of each of the jointly administered cases, unless otherwise ordered. However, a proof of claim shall indicate only the case name and number of the case in which the claim is filed. The caption shall not use the word "Consolidated" to refer to joint administration.

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION In re: Chapter 11 ABC Company, Inc., Case No. 8:19-bk-00001-XXX Jointly Administered with ABC Holding Co. Case No. 8:19-bk-00002-XXX ABC Operating Co. Case No. 8:19-bk-00003-XXX Debtors. _________________/

(3) Docket. After the entry of the order for joint administration, unless otherwise ordered by the Court, a single case docket shall be maintained under the case number of the Lead Case except as follows:

(A) Lists of Creditors. Separate lists of creditors pursuant to Fed. R. Bankr. P. 1007(d) shall be filed in each of the jointly administered cases.

(B) Schedules and Statements of Financial Affairs. Separate schedules and Statements of Financial Affairs and any amendments thereto shall be filed in each of the jointly administered cases.

(C) Claims. Creditors shall file separate proofs of claim in each of the jointly administered cases in which a creditor asserts a claim, and the Clerk shall maintain separate claims registers for each of the jointly administered cases. Notices of transfers of claims shall be filed in the case in which the proof of claim was filed. However, objections to claims shall be filed in the Lead Case and shall specify the jointly administered case to which the objection applies.

(D) Monthly Operating Reports. In Chapter 11 cases, separate Monthly Operating Reports shall be prepared for each of the jointly administered cases. However, the Monthly Operating Reports shall be filed in the Lead Case.

(E) Ballots. In Chapter 11 cases in which the jointly administered debtors file separate plans, ballots shall be filed in each of the jointly administered cases.

(F) Motions for Final Decree. In Chapter 11 cases, separate motions for final decree shall be filed and the Court shall enter final decrees in each of the jointly administered cases.

(d) Severance of Jointly Administered Cases. The debtor, the trustee, or any other party in interest may move to sever the joint administration at any time.

_______________________ Notes of Advisory Committee 2019 Amendment This amendment revises section (c)(3) to designate the types of papers that are required to be filed in the designated Lead Case and in the individual jointly administered cases. This amendment to the rule is effective July 1, 2019.

2016 Amendment Sections (a) and (b) of this Local Rule are amended to clarify that a joint petition by a married couple must be a voluntary petition.

2013 Amendment This amendment clarifies the requirement that Monthly Operating Reports be filed in the Lead Case and adds section (d) to permit the severance of jointly administered cases. This amendment to the rule is effective July 1, 2013.

2012 Amendment This amendment establishes procedures for the joint administration of estates of persons other than married petitioners. The term "husband and wife" has been changed to "married couple." The addition of headings and subheadings is a stylistic rather than substantive change. This amendment to the rule is effective March 15, 2012.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference's Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 2.05. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules.

1995 Amendment New subparagraph (c) to Local Rule 2.04 adds a requirement that individuals in bankruptcy cases who are not represented by an attorney are required to file with the petition an executed statement of assistance received in connection with the filing of the case in a form available from the Clerk's Office.

These amendments to the rule were effective on February 15, 1995.