Two or more cases are related if one of the following conditions is met:
(1) the debtors are husband and wife; or
(2) a case under the Bankruptcy Act or the Bankruptcy Code was previously commenced by or against the same debtor in this Bankruptcy Court; or
(3) the cases involve persons or entities that are affiliates as defined in 11 U.S.C. §101(2).
B. Assignment of Related Case by Clerk at Filing
If at the time of filing a case meets the conditions for direct assignment set out in the general order covering assignments, that case shall be assigned by the clerk directly to the calendar of the judge to whom the earlier-numbered related case was assigned, if that judge is still sitting. If that judge is not sitting, the clerk will assign the case at random.
C. Transfer to Chief Judge for Reassignment as Related
Subject to Rule 311 A, the judge to whom a later-numbered related case is assigned may transfer it to the chief judge for reassignment to the judge to whom the earlier-numbered case was assigned.
D. Motion for Reassignment Based on Relatedness
A motion for reassignment based on relatedness may be made by any party in interest. The motion shall set forth the points of commonality of the cases in sufficient detail to indicate that the cases are related within the meaning of section A of this rule. The motion shall be filed with the judge before whom the later-numbered case of those alleged to be related is pending.
E. Effect of Filing County on Reassignments for Relatedness
Related Chapter 7 and Chapter 13 cases arising from counties other than Cook county may be assigned only by order of the chief judge. For purposes of the initial assignment, the county in which the debtor resides shall govern.
Committee Note: This rule is based on local General Rule 2.31A, but it is revised substantially to be in accord with the Court's present practice. Reassignment for equalization of calendarsîprovided in the local General Rule 2.31F is eliminated as such equalization is made by the chief judge pursuant to Rule 311 A. A general order presently provides that a case is related if it involved the same property as did an earlier case. That provision is eliminated as a mandatory requirement, but such a fact may warrant reassignment in particular cases where issues regarding that property were considered.