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Motion for Joint Administration

Official Procedure Last Change December 1, 2019

Motion for Joint Administration

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Joint Administration, Motion for

Things to be aware of when filing: The Motion must be filed in the lead case and all member cases.

 

General Information

  • A Motion for Joint Administration merely seeks to procedurally administer two or more cases together, in contrast to a Motion to Consolidate, which is a request to combine the assets and liabilities of two or more debtors. Jointly filed cases are already considered to be jointly administered.
  • Caption. When the Court orders the joint administration of two or more cases pursuant to Fed.R.Bankr.P. 1015, all documents and pleadings shall be captioned under the lead case name and number unless otherwise ordered by the Court, followed by the words "Jointly Administered." The caption must also include the case name of any member cases that are individual (i.e. non-business) debtors.   View sample caption.  Exceptions: The following documents should be filed in the specific case to which they relate, and must indicate only that case name and number:
    • Voluntary petitions (included amended)
    • Schedules, amended schedules
    • Statements of financial affairs (including amended)
    • Plans
    • Disclosure statements
    • Proofs of claim
    • Pleadings related to claims, disclosure statements or plans (e.g. objections to same, appearances, Motion to Extend Time to File Miscellaneous Documents)
    • Motions to dismiss
    • Motion to Continue Hearing (if notice of hearing issued in member case)
    • Chapter 11 Debtor’s monthly operating reports
    • Motion to Extend Exclusivity Period
    • Ballot Report
    • US Trustee's Notice of Revocation of Appointment of Trustee
    • US Trustee's report: 341 Meeting Held/Not Held
    • 341 Meeting Adjourned; 341 Meeting Continued
    • Trustee final reports and accounts and related notices

If you believe that a document not on the above list should be filed in a member case, contact Chambers.

  • Pleadings in Jointly Administered Cases.  Unless otherwise ordered by the Court, documents and pleadings will be docketed and maintained on the lead case, with the exception of the documents listed above. Any pleadings already docketed before the order granting joint administration was entered, will not be transferred to the lead case. Any pleadings specifically addressing a member case will be filed on the lead case. All motions filed by non-debtor parties will have the option to select which debtor(s) the motion is specifically addressing within the motion event.
  • Claims in Jointly Administered Cases. Separate claims registers will be maintained for each case, therefore proofs of claim should be docketed on the specific case to which the claim refers. Note that this is different from consolidated cases, in which assets are combined and one single claims register is maintained on the lead case. All claims are therefore filed on the lead case only.

Note:  Jointly administered cases maintain separate estates.  The assets and liabilities remain separate.  Creditors in one member case will not receive distribution of assets from another member case.  Joint administration eases the burden on attorneys and the Court from having to file the same motion or issue the same notice in two or more cases.

  • Creditors in Jointly Administered Cases. Separate creditor lists will be maintained for each case. 
  • Do not file a motion seeking a change in judge - the Clerk's Office will assign a new judge if needed.

Filing requirements

  • The filing party is required to file Motion for Joint Administration in the lead case and all member cases.
  • The Motion must:
    • identify all case names and numbers of cases
    • indicate the lead case
    • be signed by the filing party
  • A proposed order must be uploaded into all member cases only.

Note: The order should clearly state the caption to be displayed on all future pleadings and instruct all future docketing will only take place in the lead case with the exception of proof of claims. Download a proposed order template

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

Step-by-Step Instructions

Note:  A Motion for Joint Administration is filed in all related cases.

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

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

4. Select Joint Administration, Motion for 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (pdf file). Click Next.

10. Enter all case numbers to be  jointly administered. The current case number has been entered. Click Next(Example: 10-1 and 10-2; or 10-1, 10-2 and 10-25) 

11. Click Next.

12. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

13. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

14. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order.