Local Rule RULE 1015-1: CONSOLIDATION OR JOINT ADMINISTRATION OF CASES PENDING IN SAME COURT

RULE 1015-1 CONSOLIDATION OR JOINT ADMINISTRATION OF CASES PENDING IN SAME COURT

(a) Joint Cases. A joint case commenced under 11 U.S.C. § 302(a) shall be jointly administered, unless the Court orders otherwise. The separate estates of the debtors in a joint case will only be consolidated upon proper motion and notice.

(b) Joint Administration. The debtors may move for joint administration pursuant to Fed. R. Bankr. P. 1015. If any of the cases are filed under Subchapter V, the Court will set a hearing on the motion for joint administration. Jointly administered cases shall be administered as follows, unless the Court orders otherwise:

(1) Designation of Lead Case. The case with the lowest number shall be designated as the "Lead Case." The other jointly administered cases are known as "Member Case(s)."

(2) Caption. All papers, except those filed in a Member Case under subparagraphs (b)(4) and (5) of this rule, shall have the caption with the name and case number of the Lead Case followed by the words "Jointly Administered," except that if one of the Member Cases is for an individual debtor, the caption shall include the Lead Case name and case number and the case name for an individual debtor. The caption for a jointly administered case shall not include the word "Consolidated."

(3) Docket. Except for the documents listed in subparagraphs (b)(4) and (5) of this rule, a pleading or document filed in a jointly administered case after the entry of the order for joint administration shall be docketed under the case number of the Lead Case. If joint administration is terminated, documents filed after the order terminating joint administration shall be filed and docketed in the separate cases.

(4) Claims and Related Pleadings. Claims shall be filed only in the name and case number of the debtor against which the claim is asserted. A separate claims register shall be maintained for each case. A separate claim against multiple debtors shall be filed in each Member Case in which a claim is asserted. A pleading related to a claim filed in a Member Case shall be filed in that Member Case, and its caption shall have the name and case number of the Member Case.

(5) Documents to Be Filed in Member Cases Separately. The following documents shall be filed on the dockets of the Lead or Member Cases as to which the document applies, even if filed after the entry of the order for joint administration, and the caption of these documents shall have the name and case number of the Member Case: i. All Chapters 1. amended petitions; 2. schedules, statements of financial affairs, and amendments thereto; 3. proofs of claims and objections thereto; 4. UST's Notice of Revocation of Appointment of Trustee; 5. Section 341 Meeting Adjourned/Continued; 6. trustee's final reports and accounts and related notices; 7. adversary proceedings relating only to a Member Case; 8. a notice of appeal and related documents concerning an order entered only in the Member Case; 9. corporate ownership statements; 10. Verifications of Creditor List; and 11. all documents related to the foregoing. ii. Chapter 11 & 12 Cases 1. plans, disclosure statements, ballot reports, and objections or other documents related thereto; 2. first day motions; 3. the debtor's monthly operating reports; 4. Motions to Extend Time to File Chapter 11/12 Plan, Obtain Confirmation, and/or Extend Exclusivity; 5. Applications for Final Decree; 6. in addition to documents required by this subparagraph (b) of this rule, in Subchapter V Cases: a. Notices of Completion of § 1192 Payments; b. Notices of Substantial Consummation of Subchapter V Plan; c. Objections to Small Business/Subchapter V Designation/Request for Determination; d. Statements of Small Business/Subchapter V Designation; e. Subchapter V Status Reports Pursuant to § 1188(c); and 7. documents related to the foregoing.

(6) Ballots. Ballots shall have the caption of the name and case number of the Member Case for which the plan being voted on was filed.

(c) Substantive Consolidation. Substantively consolidated cases shall be administered as follows, unless the Court orders otherwise:

(1) Designation of Lead Case. The case with the lowest number shall be designated as the "Lead Case."

(2) Caption. All documents in substantively consolidated cases shall have the caption of the Lead Case, unless one of those cases is for an individual debtor; then the caption shall include the Lead Case and the case name for an individual debtor.

(3) Docket. A single case docket shall be maintained after the entry of the order for consolidation. If consolidation is later terminated, documents filed after the order terminating consolidation shall be filed in the separate cases.

(4) Claims. After consolidation all claims shall be filed in the Lead Case. Claims filed and docketed prior to consolidation shall be considered as filed in the substantively consolidated cases but shall remain on the claims register where originally filed.