Joint Administration/Consolidation/Related Cases

A. Related cases are cases where assignment to a single judge would promote efficient administration of the estates and avoid conflicting or inconsistent rulings. Related cases include, but are not limited to: 4 1. Identical individuals or entities, e.g., d.b.a.’s; 2. 3.

4. 5. 6. 7.

A corporation and any major shareholder thereof; Affiliates; A partnership and any of its general partners; Two or more general partners; Husband and wife; and Entities having substantial identity of financial interest or assets.

B. Notice of Related Cases.

In the event of related bankruptcy cases, the debtor in the later case must file a notice of related case(s) at the time of filing the petition for relief, and must serve a copy of the notice upon the United States Trustee. The notice must list the name, filing date, and case number of the pending related cases, and any previously filed and closed cases.

C. Transfer 1.

2. 3. The court, on its own motion or upon the motion of a party in interest, may order a case transferred to another bankruptcy judge based on the court’s determination as to whether a case is related and whether the transfer will promote the efficient administration of the estate or avoid inconsistent or conflicting rulings. Upon the filing of a related chapter 11 case, counsel must file an ex parte motion to transfer case to the section of the Court in which the previously filed related case is or was pending.

Upon filing of a related case in chapter 7, 12 or 13, the Clerk will automatically transfer the case to the section of the Court in which the previously filed related case is or was pending. Procedure. A motion by a party in interest to transfer a case or cases must be filed in the section of the Court in which the later case was filed and be served on all debtors and trustees appointed in the related cases. A motion for administrative consolidation must request that if the motion is granted, the Clerk trigger a special event code requiring a filer to designate the applicable case for any document filed.

Subject to the foregoing, the Clerk will randomly allot all cases filed in this Court by chapter to ensure an equal division of cases. D. E. F. 5 RULE 1017-1 Dismissal or Conversion A. Chapter 7 Cases 1. 2. 3.

Non-Debtor’s Motion. A motion to dismiss or convert filed by a non-debtor in a Chapter 7 case must be noticed for hearing pursuant to Local Rule 9013-1 and be served on the debtor, the trustee, trustee’s counsel, and the entire mailing matrix. If no timely opposition is filed, the court may grant the relief without hearing. All motions to dismiss must comply with Local Rules 9013-1, 9013-2, and 9014-1.

Debtor’s Motion a. b. In a motion to dismiss filed by a debtor represented by counsel, the motion must recite that counsel has advised the debtor of the consequences of dismissal. A debtor’s conversion from Chapter 7 to 11, 12 or 13 may be by ex parte motion, if the case was not previously converted under 11 U.S.C. §§ 1112, 1208, or 1308, and the motion to convert was served on trustee, trustee’s counsel, and the entire mailing matrix seven (7) days prior to the submission of the order of conversion.

B. Chapter 13 Cases 1.

Non-Debtor’s Motion. A motion to dismiss or convert filed by a non-debtor in a chapter 13 case must be noticed for hearing pursuant to Local Rule 9013-1 and served on the debtor, trustee, trustee’s counsel, and the entire mailing matrix. If no opposition is filed within seven (7) days, the court may grant the relief without hearing. 2.

Debtor’s Motion a. Dismissal i. ii. A debtor may move to dismiss his case pursuant to 11 U.S.C. § 1307(b) by ex parte written motion. It must be served on the trustee, trustee’s counsel, and the entire mailing matrix. If no opposition is filed within seven (7) days, the court may grant the relief without hearing.

Written motions by debtors to dismiss chapter 13 cases must recite whether the case has been converted previously pursuant to 11 U.S.C. §§ 706, 1112, or 1208. b. Conversion. The debtor may file an ex parte motion to convert to a chapter 7 matter on seven (7) days prior notice to the trustee, trustee’s counsel, and the entire mailing matrix. If no opposition is filed within seven (7) days, the court may grant the relief without hearing. 6 3.

4. Court’s Motion. The Court may sua sponte, without notice and hearing convert or dismiss a case for failure to pay timely filing fees or failure to file timely a certificate of credit counseling, schedules, statement of financial affairs, pay advices, social security statement, or any other documentation required by the Bankruptcy Code or FRBP. If the motion to dismiss is filed after the bar date in a chapter 12 or 13 case, the standing trustee need only give notice to debtor, debtor’s counsel, and creditors who have filed timely proofs of claim.

C. Chapter 11 cases 1.

2. All motions to dismiss or convert a chapter 11 case, must be filed on twenty-one (21) days notice. Notice of the dismissal or conversion must be served upon the trustee and his counsel (if applicable), the United States Trustee, and the entire mailing matrix. If no timely objection is filed pursuant to Local Rule 9013-1(E), the court may grant the relief without hearing.

Notwithstanding the provisions of section 1 above, if the motion to dismiss is filed after the bar date in a chapter 11 case, notice may be limited to the United States Trustee, the trustee and his counsel (if applicable), all members of official committees and their counsel, the debtor, the debtor’s counsel, known administrative claimants who have filed timely proofs of claim and those creditors not scheduled as disputed, contingent or unliquidated. See Local Rule 2002-1(E). 7 PART II OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATION; ELECTIONS; ATTORNEYS AND ACCOUNTANTS