Rule 1015-1 Joint Administration/Consolidation.

(a)     Joint Administration.

          (1)     Motion.  A request for joint administration must be made by motion. For each case subject to the motion, movant must serve the motion and notice of the answer date on:

                   (A)     the debtor;

                   (B)     all secured creditors;

                   (C)     all parties in interest who have filed a request to receive copies and notices; and

                   (D)     any creditors’ committee. If there is no creditors’ committee, then the motion must be served as specified in F.R.B.P. 1007(d).

          (2)     Passive Notice.  Notice of the filing of a motion for joint administration must provide for a twenty-one (21) day objection period. If no objection is filed within twenty-one (21) days, the court may enter the order. A hearing will be set only upon filing of a timely objection to the motion.

(b)     Substantive Consolidation. A request for substantive consolidation must be filed using the self-scheduling procedures set forth in L.B.R. 9002-1.  Unless service is made electronically through the ECF system, the movant must serve the motion and hearing required notice upon all parties in interest.  The notice must provide for a twenty-one (21) day objection period.

(c)     Severance or Deconsolidation.

          (1)     A must be filed using the self-scheduling procedures set forth in L.B.R. 9002-1.  Unless service is made electronically through the ECF system, the movant must serve the motion and hearing required notice upon all parties in interest.

          (2)     A request to sever jointly administered cases must be made by motion. Unless service is made electronically through the ECF system, the movant must serve notice on the debtor, all secured creditors, all parties who have specifically asked to receive copies and notices, and the creditors’ committee. If there is no creditors’ committee, then the motion must be served on the parties named on the list filed pursuant to F.R.B.P. 1007(d) (twenty largest unsecured creditors). No hearing will be held on a motion to sever jointly administered cases unless an objection to the motion is filed within fourteen (14) days of service.

COMMENTS: L.B.R. 1015-1 was amended effective October 15, 2010, to eliminate subparagraph (c)(3). The amendment reflects the present capability of CM/ECF to dismiss a debtor from a joint case without requiring case severance.

Part: 
Part I - Commencement of Case; Proceedings Relating to Petition and Order for Relief