Motion to Split

Last Updated: December 19, 2012

A joint case must be split when one debtor converts to another chapter and the other debtor continues with his/her case.

It is not necessary to split a case when one debtor is discharged, dismissed, waives discharge, is denied discharge or when one debtor is dismissed and the other converts.

Filing Requirements:

• Motion to Split

• Notice of Motion with 14 day objection period. Notice is sent to interested parties.

• Filing Fee  [Note: Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. Section 1930]

• Proposed Order. Instructions.

Notes:

• The Motion to Split should be filed before the Motion to Convert is filed. When the Motion to Split and the Motion to Convert are combined into one document, the filer can hold Ctrl and click to select [Split Chapter xx Case] AND [Convert Case to Chapter xx]. When the case is split, the clerk's office will redocket the Motion to Convert in the correct case.

• A new (additional) case will be entered in CM/ECF by the clerk's office. The debtor converting to a new chapter will be assigned the new case number unless the order states differently.

Step-by-Step Procedures:

1. Log into CM/ECF.

2. Select [Bankruptcy >  Motions/Applications].

3. Enter the case number (e.g, xx-xxxxx).

4. Select [Split Chapter xx Case] from the event list.
   
   Note: When the Motion to Split and the Motion to Convert are combined into one document, hold Ctrl and click to select [Split Chapter xx Case] AND [Convert Case to Chapter xx].  When the case is split, the clerk's office will redocket the Motion to Convert in the correct case.

5. Skip the Joint Filing screen.

6. Select the party filer. If the party is not listed, click on Add/Create New Party.
   
   Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

7. Answer "y or n" if the proof of service is included with the motion.

8. Enter date served.

9. Browse to select the Motion (.PDF file).
   
   Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

10. Modify the text as appropriate.

11. Verify the final docket text; if correct, click [Next] to submit your document(s).
    
    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately emailed to all participants who receive electronic notification in the case.

12. Submit Proposed Order. Instructions.