Motion to Consolidate Bk Cases (Rule 1015)

Official Procedure - Last Updated: July 16, 2019ClosedAuthor: Demetrius Ross

References

CM/ECF Menu

Bankruptcy>Motions / Applications
Event

Consolidate BK Cases (Rule 1015)
Rules / Code / Resources Fed Rule Bankr.P. 1015

07/16/2019 - Created

 

A Motion to Consolidate is a request to combine the assets and liabilities of two or more debtors.

Per Bankruptcy Rule 1015, the Court may order consolidation of

a) CASES INVOLVING SAME DEBTOR. If two or more petition by, regarding, or against the same debtor are pending in the same court or

(b) CASES INVOLVING TWO OR MORE RELATED DEBTORS. If a joint petition or two or more petitions are pending in the same court by or against (1) spouses, or (2) a partnership and one or more of its general partners, or (3) two or more general partners, or (4) a debtor and an affiliate.

Notes on Advisory Committee on Rules…1983

Consolidation of the estates of separate debtors may sometimes be appropriate, as when the affairs of an individual and a corporation owned or controlled by that individual are so intermingled that the court cannot separate their assets and liabilities. Consolidation, as distinguished from joint administration, is neither authorized nor prohibited by this rule since the propriety of consolidation depends on substantive considerations and affects the substantive rights of the creditors of the different estates.

REMINDER: The motion must be docketed on each related case.

Step-by-Step Procedure:

  1. Select [Bankruptcy > Motions / Applications]
  2. Enter case number and click Next
  3. The case verification screen will display. Verify you are docketing on correct case. If not Closedclick the back button to go back to the case number field and re-enter the case number / if yes
  4. Select Consolidate BK Cases (Rule 1015) from pick list
  5. Click, Next

  6. Select Party from party pick list or Add/create new party, and Click Next

    The Attorney/Party Association screen may display.  If it does, click here.

  7. The following screen will appear; click Next

    8. WARNING: This event is for substantive consolidation of BK cases per Bk Rule 1015.

    If your motion is for Joint Administration (Bks), please select the event, Joint Administration.

    If your motion is for consolidation of Adversary proceedings for discovery, hearings, trial, or other matters, please select the event, Consolidation of Adversary Proceedings.

  8. Browse, View, and Attach pdf
  9. Click, Next
  10. Enter Lead Case Number and Name
  11. Enter Member Case Number(s) and Name(s)

    12. REMINDER: This motion must be docketed in each case.

  12. Click, Next
  13. Insert hearing date, time and select hearing location.
  14. Click, Next
  15. The Docketing Editing Screen will display. Select the appropriate prefix from the drop down menu if applicable, and click Next
  16. The Final Text Editing screen will display. This is your final opportunity to modify the entry before submitting the filing.

Examples:

05/23/2018 69 Notice of Motion and Motion to Consolidate Lead Case Health Benefits Pain Management Services, LLC 17-00789 with Member Case(s) Health Benefits Physician Services, LLC 17-00790. Filed by Julia Jensen Smolka on behlaf of David Rosania. Hearing scheduled for 5/30/2018 at 10:00 AM at 219 South Dearborn, Courtroom 742, Chicago, Illinois 60604. (Attachments: # 1 Proposed Order) (Smolka, Julia) (Entered: 05/23/2018)

 

05/23/2018 31 Notice of Motion and Motion to Consolidate Lead Case Health Benefits Pain Management Services, LLC 17-00789 with Member Case(s) Health Benefits Physician Services, LLC 17-00790. Filed by Julia Jensen Smolka on behlaf of David Rosania. Hearing scheduled for 5/30/2018 at 10:00 AM at 219 South Dearborn, Courtroom 742, Chicago, Illinois 60604. (Attachments: # 1 Proposed Order) (Smolka, Julia) (Entered: 05/23/2018)

 

  1. Verify the accuracy of docket text. If not correctClosedclick bankruptcy to start over If correct
  2. Click Next to save entry

 

The Notice of Electronic Filling will display. It serves as verification that the filing has been sent electronically to the court.

 

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one time free look at the documents.