Related and Joint Cases

(a) Notice of Related Cases. When a case on file or about to be filed is related to another case that is pending or that was pending within the last eight (8) years, the debtor shall, and a party in interest may, file a Notice of Related Cases, setting forth the title, number, and filing date of each related case, together with a brief statement of the relationship. (b) Cases Deemed Related. Cases deemed to be related within the meaning of this Rule include the following fact situations: 1) The debtors in both cases are the same entity; 2) The debtors in both cases are the spouses of the other; 3) The debtors in both cases are partners; 4) The debtor in one case is a general partner or major shareholder of the debtor in the other case; 5) The debtors in both cases have the same partners or substantially the same shareholders; and 6) The cases are otherwise so related as to warrant being treated as related.

(c) Joint Cases. All joint cases commenced by the filing of a single petition under 11 U.S.C. § 302(a) shall be deemed substantively consolidated unless the Court orders otherwise. Objections to substantive consolidation may be raised by the Court or filed by any party in interest. An objection to substantive consolidation shall be filed and served no later than forty-five (45) days after the filing of the petition.

The objection shall be filed, served, and set for hearing consistent with these Rules (see LBR 9014-1) by the objecting party. The objection, notice of hearing, and all evidence and other papers filed in support of it, shall be served on the debtor(s), the trustee, and the U.S. Trustee. All remaining parties in interest shall be served with the objection and notice of hearing. 3 LOCAL RULE 1016-1 Procedure Upon the Death or Incapacity of a Debtor During the Pendency of a Bankruptcy Case.

(a) Notice of Death. In a bankruptcy case which has not been closed, a notice of death of the debtor [Fed. R. Civ. P. 25(a), Fed. R. Bankr. P. 7025] shall be filed within sixty (60) days of the death of a debtor by the counsel for the deceased debtor or the person who intends to be appointed as the representative for or successor to a deceased debtor. The Notice of Death shall be served on the trustee, U.S. Trustee, and all other parties in interest. A copy of the death certificate (redacted as appropriate) shall be filed as an exhibit to the Notice of Death.

The Notice of Death may be combined with the single motion permitted by paragraph (b) of this Rule. If so combined, the title to the motion and notice of motion shall be: “NOTICE OF DEATH AND MOTION FOR [state relief requested].” The death certificate (redacted as appropriate) shall be filed as an exhibit to such motion. (b) Single Motion For Omnibus Relief Upon Death of Debtor. When the debtor has died or has become incompetent prior to a closing of a bankruptcy case, the provisions of Federal Rule of Civil Procedure 18(a) [Fed. R. Bankr. P. 7018, 9014(c)] apply to the following claims for relief which may be requested in a single motion: 1) Substitution as the representative for or successor to the deceased or legally incompetent debtor in the bankruptcy case [Fed. R. Civ. P. 25(a), (b); Fed. R. Bankr. P. 1004.1 & 7025]; 2) Continued administration of a case under chapter 11, 12, or 13 [Fed. R. Bankr. P. 1016]; 3) Waiver of post-petition education requirement for entry of discharge [11 U.S.C. §§ 727(a)(11), 1328(g)]; and 4) Waiver of the certification requirements for entry of discharge in a Chapter 13 case, to the extent that the representative for or successor to the deceased or incompetent debtor can demonstrate an inability to provide such certifications [11 U.S.C. § 1328].