Motion to Terminate Joint Administration/Consolidation of Case

General Information

A Motion to Terminate Joint Administration or Consolidation of Case is filed when a party files a motion  to request to split a joint case into two or more separate cases or break the association with two or more cases.  If the case was filed as a joint petition (husband and wife) pursuant to 11 USC Section 302, the debtors may seek to separate into two cases. However, if the cases were initially filed separately and ordered to consolidate or to become jointly administered pursuant to FRBP 1015, any party may file a motion seeking to return to separate case status.

Cases that are initially filed as a joint case may need to terminate the joint administration/consolidation of a case if:

1. 1. One of the two debtors wishes to convert to another chapter

   2. The debtors wish to remain in their current chapters, but continue as separate cases

   3. The Trustee wishes to administer the cases separately, for example because only one of the debtors has assets.

2.  

3. When not to use this event for joint cases:

   • If you are seeking to dismiss one party in a filing by husband and wife, do not use this event. It is not necessary to terminate a joint case to dismiss one debtor only. This is accomplished by using the Motion to Dismiss Party event which terminates the dismissed debtor.

Filing Requirements:

1. • Joint Cases only: A filing fee shall be applied to cases that were filed as joint cases. The fee will be equal to the filing fee of the pending chapter as prescribed by 11 U.S.C. §1930.

Note: If cases are filed separately  and become jointly administrated or consolidated but have paid an initial filing fees, no fee is due if their association is terminated.

1. • The Motion  must specify reason for termination.

   • The Motion must be signed by the filing party.

   • A Certificate of Service must be included certifying that the Motion was served on all debtors, attorney for debtors,  trustee, the US Trustee and all parties of interest.

   • Filing party is required to upload a proposed order, unless the motion is seeking to split a case that was originally filed as a joint case into two separate cases. In that circumstance, the Court will prepare the order.

Step by Step Instructions:

1. Log into CM/ECF

2. Select Bankruptcy > Motion, Application, or Brief

3. Enter the case number (in the format xx-xxxxx) and click Next

4. Select Terminate Joint Administration or Consolidation, Motion to from the event list and click Next

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to select the Motion (pdf file).  Click Next

10. If case is a joint case then check the correct box to indicate whether motion is being filed due to one debtor seeking a conversion. Click Next

a. If yes was selected, choose name of party that will be converting. Click Next

b. There is a fee for filing this motion. Note the fee amount. Click Next

Note: The Court will assign a new case number to the converting debtor. Remember to file the appropriate conversion document when you receive the notification of the new case number. Do not file the notice of conversion or motion to convert in the current case.

11. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

12. Upload the proposed order (not required if the motion is seeking to split a case that was originally filed as a joint case into two separate cases).

Curing a Deficient Filing:

A new Motion, fixing deficient items, must be filed prior to the deficiency deadline using the above procedure or your original filing may be stricken by the court.