Local Rule 1015–2: RELATED CASES

1015–2 RELATED CASES

(a) Definition. If venue is otherwise proper in the Southern District of Ohio, a petition involving a prior voluntary or involuntary related case shall be filed at the court location where the first related case was filed. Related cases include cases in which the debtors are:

(1) Identical individuals or entities, including DBAs, FDBAs;

(2) Identical business entities;

(3) A corporation/limited liability company and any major shareholder/member thereof (see §§ 101(2), (9) and (31) of the Code);

(4) Affiliates (see § 101(2) of the Code);

(5) A partnership and any of its general partners;

(6) An individual and his or her general partner or partners;

(7) An individual and his or her spouse or former spouse; or

(8) Entities having substantial identity of financial interests or assets.

(b) LBR Form 1015-2 Required. In a voluntary case, for the purpose of disclosing certain prior, related bankruptcy filings, the debtor shall file LBR Form 1015-2 with the petition.

(c) Assignment of Related Cases by Clerk. When the petition or an LBR Form 1015–2 discloses that a related case is or was pending in this district, the newly–filed case shall be assigned by the clerk to the judge to whom the related case was most recently assigned.

(d) Reassignment of Cases.

(1) By the Court. The judge before whom a later–filed case is pending may, with or without motion, notice or hearing, order the reassignment of such case to the judge before whom a prior related case is or was pending. The judge before whom a prior case is pending or was pending may, with or without motion, notice, or hearing, order the reassignment to his or her docket of a later–filed case pending before another judge. The judges to whom related cases have been assigned may, by mutual consent, order the assignment of a prior related case to the judge to whom a later–filed case has been assigned for good cause based upon the convenience of the parties or when justice requires.

(2) Judicial Concurrence Required. Any reassignment of a case pursuant to (1) above shall require the concurrence of the judges to whom and from whom such case is to be reassigned.

(3) By Motion. A motion requesting reassignment or consolidation of related cases or adversary proceedings shall be made to the judge to whom the prior case is or was assigned.