Motion to Split

Last Updated: September 2, 2022

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

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

• If applicable, the Motion to Split/Sever should be filed before the Motion to Convert is filed.  Separate motions should be filed.

• A new case will be opened in ECF by the clerk's office for the debtor converting to a new chapter and 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/Sever Chapter xx Case] from the event list.

5. 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.

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

7. Enter date served.

8. 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.

9. Modify docket text if appropriate.

10. 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.

11. Submit Proposed Order. Instructions.