What should be included in a Motion to Deconsolidate?

Answer 1

I don't know what district you live in, or whether your particular district prefers one form over another. You can check with your local bankruptcy clerk and see if they have a form for Motions to Deconsolidate they prefer. One of the forms for deconsildation I have seen in Indiana says this: UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION In re: ) ) JOHN & JANE DOE, ) CASE NO. 05-12345-BHL-13) ) Debtors. ) MOTION TO DECONSOLIDATE BANKRUPTCY CASE Come Now the Debtors, pro se, and move to deconsolidate the above-captioned bankruptcy case into two separate bankruptcy cases, and in support hereof now state: 1. That Debtors are getting divorced. 2. That Debtor John Doe desires to convert to Chapter 7, but Debtor Jane Doe wants to remain in Chapter 13, so the instant case needs to be deconsolidated so that Debtor John Doe may then file his Notice of Conversion to Chapter 7. WHEREFORE, Debtors pray that the Court deconsolidate the above-captioned Chapter 13 case and for all other relief as may be just and proper in the premises. Respectfully submitted, ______________________ John Doe, Debtor _______________________ Jane Doe, Debtor The Court also charges a fee to deconsolidate that has to accompany the motion. Deconsolidation can cause complications in a case, so it is generally advisable to discuss it with an attorney who practices in your district prior to filing it (or have an attorney file it for you). Please be advised that nothing in this posting or in any other posting by me or my agent(s) should be construed as legal advice nor the formation of an attorney-client relationship. I am merely stating facts as I understand them, and I am not recommending any course of action or inaction to any person. It is advisable to consult an attorney in a face-to-face consultation prior to taking any action or inaction. I do not warrant the accuracy of any information herein.

Answer 2

A Motion to Deconsolidate should include a clear explanation of why deconsolidation is necessary, relevant facts supporting the request, legal basis for deconsolidation, and any supporting evidence or documents. It should also specify the relief sought and how it aligns with legal requirements.