Motion to Sever  

                                                   

 

Vermont Local Bankruptcy Rules

Reference Guide for Motions

 

 

 

 

Also known as a Motion to Bifurcate or Motion to Split Case, this event is used when joint debtors wish to have different dispositions to their cases (e.g. husband and wife file joint chapter 13 case, one debtor wishes to remain in chapter 13, one wants to convert to chapter 7. If granted, the debtor wishing a different disposition will be given a new case number.  Any motion to convert should be filed in the new case after the bifurcation.

 

Note, there is a filing fee for a motion to sever. Refer to http://www.vtb.uscourts.gov/issues/fees20081001.pdf.

 

  1. Select Bankruptcy menu.
  2. Select Motions/Applications.
  3. Ensure correct case name and number match the document you are filing.
  4. Select Document Event: Motion to Sever (choose chapter case is currently proceeding under).
  5. Select party filer.
  6. Browse, verify and attach the document (PDF files).
  7. Enter "cc" in receipt filed if paying filing fee via credit card.  If the purpose of the bifurcation is to dismiss one debtor, then no fee is due.  In that case, you would enter "N/A" in receipt field.
  8. Verify final docket text and filing fee before submitting on case docket.
  9. Print the Notice of Electronic Filing. It's your receipt.