|
|
WITHDRAWAL AND SUBSTITUTION OF ATTORNEYS
- (1)
- In General. Except as otherwise provided in Local Bankruptcy Rules 2090-1(f)(2) and 3015-1 governing chapter 13 cases, whenever an attorney has appeared on behalf of an entity in any matter concerning the administration of the case, in one or more proceedings, or both: (A) the attorney may not withdraw; and (B) the entity may not thereafter appear without counsel or by a different attorney prior to approval by the court of a motion considered after notice and a hearing.
- (2)
- Consensual Substitutions of Counsel. If the entity on whose behalf an attorney has appeared in any matter concerning the administration of the case, in one or more proceedings, or both, desires to substitute a different attorney in place of its former attorney, or a previously unrepresented entity desires to employ an attorney, no order shall be required, except under subsection (5) of this Rule. Notice of Substitution of Attorney shall be filed and served on those persons entitled to notice as specified in Local Bankruptcy Rule 2090-1(f)(3). Substitution of counsel shall not result in a continuance of any matter, except upon a noticed motion for continuance pursuant to Local Bankruptcy Rule 9013-1(f).
- (3)
- Extent of Notice.
- (A)
- Case. If the attorney to be substituted out or the attorney seeking to withdraw has appeared on behalf of an entity in any matter concerning the administration of the case, notice of the proposed substitution or the motion for leave to withdraw shall be given to the debtor, the United States trustee, any trustee, any committee which may have been appointed pursuant to the Bankruptcy Code, and any entity who has requested special notice.
- (B)
- Proceedings. If the attorney to be substituted out or the attorney seeking to withdraw has appeared on behalf of an entity only in one or more proceedings, notice of the proposed substitution or the motion for leave to withdraw shall be given to the debtor, parties who have been named or who have appeared in such proceeding(s), and the United States trustee.
- (C)
- Cases and Proceedings. If the attorney to be substituted out or the attorney seeking to withdraw has appeared on behalf of an entity both in the case and one or more proceedings, notice of the proposed substitution or the motion for leave to withdraw shall be given to all entities entitled to notice under both (f)(3)(A) and (B) of this Local Bankruptcy Rule.
- (4)
- Required Disclosures.
- (A)
- Consequences of Withdrawal. An attorney moving for leave to withdraw from representation of a corporation, partnership or other unincorporated association, concurrently or prior to filing any such motion, shall give notice to the corporation or unincorporated association of the consequences of its inability to appear without counsel including the possibility that a default judgment may be entered against it in pending proceedings; or, if the client is a debtor, its chapter 11 case may be converted to chapter 7, a chapter 11 trustee may be appointed, or its case may be dismissed.
- (B)
- Delays. Unless good cause is shown and the ends of justice require, no substitution or withdrawal will be allowed that will cause unreasonable delay in prosecution of the case or proceeding to completion.
- (5)
- Required Approval for Employment. If approval is requested for employment pursuant to 11 U.S.C. § 327 or § 1103, a new attorney shall also comply with
F.R.B.P. 2014 and the United States Trustee Notices and Guides, and may not be appointed merely by a Notice of Substitution of Attorney and Order thereon.
|