Local Rule LR 3.10 / LR 1015-1: Procedural and Substantive Consolidation
Bankr. S.D. W.Va. — General rule
A party desiring to have bankruptcy cases consolidated procedurally, substantively, or for some other purpose must file a written motion requesting consolidation. Subsections (a) and (b) are applicable only after consolidation is granted by the Court.
(a) Procedural consolidation Cases that are procedurally consolidated are consolidated for noticing purposes only (they will share a joint mailing matrix). The party seeking procedural consolidation shall file a consolidated mailing matrix for each case included in the consolidation within ten (10) days from the date of the order granting the consolidation.
A pleading, order, or notice which concerns a matter in only one of the procedurally consolidated cases shall be docketed and filed in that case only, but shall reflect the consolidation by stating, in parentheses below the style of the case, "(Procedurally consolidated with Case No.(s) __________)"
A pleading, order, or notice which concerns a matter in all of the procedurally consolidated cases shall contain the style of the cases and shall reflect the consolidation by stating, in parentheses below the style of the cases, "(Procedurally consolidated)". Any such pleading, order, or notice shall be accompanied by a sufficient number of copies to be docketed and filed in all of the case files.
(b) Substantive consolidation Cases are substantively consolidated when the assets and liabilities of the debtors are consolidated. When a case is substantively consolidated, the movant shall file within ten (10) days from the date of the order granting consolidation a mailing matrix for the combined cases. All further pleadings, order, and notices shall contain the style of the consolidated cases and the style shall reflect the consolidation by stating, in parentheses below the style of the cases, "(Substantively consolidated)".
(c) Modification of Procedure The Court may, by administrative order, sua sponte or upon a motion of a party, modify the rules and procedures applicable to procedural or substantive consolidation.