Joint Administration/Consolidation (updated December 1, 2017)

U.S. Bankruptcy Court for the Middle District of Georgia

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Middle District of Georgia

Rule: 1015-1

Jurisdiction: MDGAB

Bluebook Citation: Bankr. M.D. Ga. R. 1015-1

(a) Cases Involving Two or More Related Debtors. The estates of married debtors who file a joint petition shall be jointly administered without further order of the Court. 3 Back to TOC (b) Separate Administration in a Joint Case. (1) Separation of Estates.

A joint petition which was filed and jointly administered pursuant to LBR 1015-1(a) may be separately administered upon motion by a debtor, Trustee, other party in interest, or on the Court's own initiative. Notice of the separation shall specify any additional case numbers to be used to reference the separate estates. If a debtor, Trustee, or other party in interest wishes to separate the estates, the motion shall be served pursuant to LBR 9007-1. (2) Fees Due Upon Separation of a Joint Case.

When the Court orders separate administration in a joint case based upon a request by the debtor, a fee shall be charged equal to the current filing fee for the chapter in which the joint case was commenced. All other orders separating cases otherwise jointly administered will not result in the assessment of an additional filing fee. (3) Amended Schedules and Modified Plans Upon Separation of a Joint Case. When the Court orders separate administration in a joint case, the debtors shall file amended schedules reflecting the financial status of the separate estates within 14 days following entry of the order.

If the case is filed in Chapter 11, 12, or 13, the debtors shall file separate modified plans within the 14 days following entry of the order. Plans shall specify which estate will be responsible for each secured debt.

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