Motion to Sever
11 U.S.C. Event: Bankruptcy > Motions/Applications > Abstain 11 USC 305 |
A joint case must be severed when one debtor converts to another chapter and the other debtor continues with his/her case.
NEW: It is no longer 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 Sever
- Filing fee
- Chapter 7 is $338.00
- Chapter 11 is $1738.00
- Chapter 12 is $278.00
- Chapter 13 is $313.00
- Proposed Order
Notes:- The Motion to Sever should be filed before the Motion to Convert is filed. When the Motion to Sever and the Motion to Convert are combined into one document, the filer can Ctrl and click to select [Sever Chapter xx Case] AND [Convert Case to Chapter xx]. When the case is severed, 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.
To File Electronically:
- Log into CM/ECF.
- Select [Bankruptcy > Motions/Applications].
- Enter the case number (e.g, xx-xxxxx).
- Select [Sever Chapter xx Case] from the event list.
Note: When the Motion to Sever and the Motion to Convert are combined into one document, Ctrl and click to select [Sever Chapter xx Case] AND [Convert Case to Chapter xx]. - 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. -
Browse to select the Motion (.pdf file).
Note: Supporting documents may be added as attachments to this document. - To pay via credit card, leave the receipt field blank and select NEXT to continue filing.
- Modify the text as appropriate.
- 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 e-mailed to all participants who receive electronic notification in the case. - Electronically file the Proposed Order. Instructions