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Motion to Terminate Joint Administration/Consolidation of Case

Official Procedure Last Change September 25, 2014

Motion to Terminate Joint Administration/Consolidation of Case

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Terminate Joint Administration or Consolidation, Motion To

 

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:

  • One of the two debtors wishes to convert to another chapter, or
  • The debtors wish to remain in their current chapters, but continue as separate cases, or
  • The Trustee wishes to administer the cases separately, for example because only one of the debtors has assets.

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

  • 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 28 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.

  • The Motion must specify reason for termination.
  • The Motion must be signed by the filing party or their attorney.
  • 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.
  • A proposed order must be uploaded, 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 > Motions, Applications & Briefs.

3. Enter 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, 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. 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. 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.

12. 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.

13. 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.

14. Upload 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).