(c) Order An order granting or denying all or part of a motion to consolidate must be filed in each case sought to be consolidated.
If the motion is granted for all purposes including trial, any subsequent document must be filed only in the lead case.
(d) Caption and case number All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases.If a joint petition or two or more petitions are pending in the same court by or against (1) a husband and wife, 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, the court may order a joint administration of the estates. recognizes the propriety of joint administration of estates in certain kinds of cases.(2) The motion to consolidate: (A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated; and (C) Must have a proof of service filed as part of the motion.(b) Lead case Unless otherwise provided in the order granting the motion to consolidate, the lowest numbered case in the consolidated case is the lead case.Former subsections (b)(1) and (b)(2) of §522 were renumbered as subsections (b)(2) and (b)(3), respectively. This amendment is made in conjunction with the amendment to Rule 1014(b), which also governs petitions filed under chapter 15 regarding the same debtor as well as those filed by or against the debtor.
A motion to consolidate cases pending in the Chancery Division shall be heard by the Presiding Judge of the Division.
It applies to cases when the same debtor is named in both voluntary and involuntary petitions, when husband and wife have filed a joint petition pursuant to §302 of the Code, and when two or more involuntary petitions are filed against the same debtor.
1, 2010.) Notes of Advisory Committee on Rules—1983 of this rule is derived from former Bankruptcy Rule 117(a).
(Subd (b) amended effective January 1, 2007; adopted effective July 1, 1999.)(c) Order An order granting or denying all or part of a motion to consolidate must be filed in each case sought to be consolidated.
(Subd (c) amended effective January 1, 2007; adopted effective July 1, 1999.)(d) Caption and case number All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases.
is an adaptation of the provisions of Rule 42(a) F. A joint petition of husband and wife, requiring the payment of a single filing fee, is permitted by §302 of the Code.