JOINT ADMINISTRATION
- Joint Voluntary Petition by Married Couple. If a married couple files a joint voluntary petition, the trustee shall administer the estates jointly without order of the Court. If the trustee, a debtor, or any other party in interest desires that the trustee administer the estates separately, that party may move for an order severing joint administration.
- Joint Administration Generally. Except in the case of a joint voluntary petition by a married couple, a party seeking joint administration shall file a motion for joint administration. A motion for joint administration filed in a Chapter 11 case may be considered with or without a hearing at the Court’s discretion. Until an order granting joint administration is entered, parties shall file all papers in the case(s) to which they relate.
- Manner of Joint Administration. Except in the case of a joint voluntary petition by a married couple, jointly administered cases shall be administered as follows:
- Designation of Lead Case. The earliest filed case assigned to a judge shall be designated in the joint administration order as the “Lead Case,” except as otherwise ordered by the Court.
- Captions. Except for proofs of claim and other filings which utilize national or local forms, all papers shall be captioned as shown in the example below, unless otherwise ordered. If a national or local form does not permit the addition of the correct caption, then any filing in the Lead Case (with the exception of proofs of claim) should be filed with a coversheet that gives notice of such filing with the correct case caption as set forth herein above. A proof of claim shall indicate only the case name and number of the case in which the claim is filed. Do not use the word “Consolidated” to refer to joint administration.
- Docket. After the entry of the order granting joint administration, unless otherwise ordered by the Court, all items shall be filed in the Lead Case except:
- Lists of Creditors. A list of creditors shall be filed in each respective case as required by Bankruptcy Rule 1007(d). The debtor(s) shall be responsible for filing a combined list of creditors with the Court in the Lead Case which combines all creditor lists from each of the jointly administered cases.
- Schedules and Statements of Financial Affairs. Separate schedules and Statements of Financial Affairs and any amendments thereto shall be filed in each of the jointly administered cases as required by the Federal Rules of Bankruptcy Procedure.
- Claims. Creditors shall file a separate proof(s) of claim in each of the jointly administered cases in which a creditor asserts a claim. The Clerk shall maintain separate claims registers for each of the jointly administered cases. Notices of transfers of claims shall be filed in the case in which the proof of claim was filed and in the Lead Case. Objections to claims shall be filed in the case in which the claim was filed. The objecting party shall also file a Notice of Objection to Claim in Related Case (form available online) that includes a brief statement of the objection(s) filed in the related case(s).
- Motions for Final Decree and Motions for Entry of Discharge. In Chapter 11 cases, separate motions for final decree or for entry of discharge shall be filed only in the applicable case and shall be entered only in the case in which they are filed .
- Monthly Operating Reports. In Chapter 11 cases, separate Monthly Operating Reports for each of the jointly administered cases shall be filed in the Lead Case. The filer of the Monthly Operating Report(s) shall ensure the selection of the appropriate debtor for which the Monthly Operating Report(s) is being filed.
- Severance of Jointly Administered Cases. The debtor, the trustee, or any other party in interest may move to sever the joint administration at any time.
Advisory Committee Notes
2023 Amendment
The amended rule includes both stylistic and substantive changes. The significant substantive changes made to this local rule were made to provide more detailed direction to parties involved in jointly administered cases. The previous version of this rule did not provide much additional substantive guidance to practitioners that is not already provided by Bankruptcy Rule 1015. Of note, the requirement to file notices of and objections to claims in the Lead case is new. The committee’s goals were to create a procedural framework for parties to follow in jointly administered cases and to promote consistent practices among all Florida districts.
2020 Amendment
The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. Subdivision (A) is amended to remove mandatory language regarding joint administration. Subdivision (B) is amended to clarify the time period intended in the last sentence. Subdivision (C) is amended to remove a reference to consolidation as distinct from the joint administration contemplated by this rule.