LBR 2091-1. ATTORNEYS – WITHDRAWAL, SUBSTITUTION, AND CHANGE OF ADDRESS

LBR 2091-1. ATTORNEYS – WITHDRAWAL, SUBSTITUTION, AND CHANGE OF ADDRESS

(a) Motion for Withdrawal. Except as provided in LBR 2091-1(b) and LBR 3015-1:
(1) An attorney who has appeared on behalf of an entity in any matter concerning the
administration of the case, in one or more proceedings, or both, may not withdraw
as counsel except by leave of court; and
(2) An entity represented by counsel may not appear without counsel or by a different
attorney except by leave of court.
(b) Consensual Substitution of Counsel.
(1) A consensual substitution of attorneys may be filed and served to substitute counsel without leave of court where:
(A) An 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
(B) A previously unrepresented entity desires to substitute an attorney
employed to represent the entity.
(2) A substitution of attorney must be filed in substantially the same form as court approved form F 2090-1.4, Substitution of Attorney, and served on those persons
entitled to notice under LBR 2091-1(c).
(3) An attorney’s employment as a “professional person” under 11 U.S.C. §§ 327 or
1103 is not approved merely by the filing of a Substitution of Attorney and service
of notice thereof. Approval of employment must be obtained in compliance with
the requirements of the Bankruptcy Code, FRBP, and these rules.
(c) Notice.
(1) Case. An attorney seeking withdrawal or substitution who has appeared on behalf
of an entity in any matter concerning the administration of the case must give
notice of the proposed substitution or motion for leave to withdraw to the debtor,
the United States trustee, any case trustee, any committee appointed in the case,
counsel for any of the foregoing, and parties requesting special notice.
(2) Proceedings. An attorney seeking withdrawal or substitution who has appeared on
behalf of an entity only in one or more proceedings must give notice of the
proposed substitution or motion for leave to withdraw to the debtor, each party
who has been named or who has appeared in such proceeding(s), and the United
States trustee.
(3) Cases and Proceedings. An attorney seeking withdrawal or substitution who has
appeared on behalf of an entity both in the case and one or more proceedings must
give notice of the proposed substitution or motion for leave to withdraw to all
entities entitled to notice under subsections (c)(1) and (2) of this rule.
(d) Corporation, Partnership, Unincorporated Association, or Trust. An attorney moving for leave to withdraw from representation of a corporation, a partnership including a limited liability partnership, a limited liability company, or any other unincorporated association, or a trust, concurrently or prior to filing any such motion, must give notice to the client 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 chapter 11 debtor, that the case may be converted to chapter 7, a trustee may be appointed, or the case may be dismissed.
(e) Delay by Withdrawal or Substitution.
(1) A withdrawal or substitution of counsel will not result in a continuance of any
matter, absent an order granting a motion for continuance after notice and a hearing
pursuant to LBR 9013-1(m).
(2) 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.
(f) Change of Address.
(1) An attorney who changes office address must file and serve a notice of change of
address to update the attorney’s address in the court’s electronic database.
(2) In the absence of a specific request to the contrary, a change of address will update the attorney’s address in the court’s electronic database and the mailing list in all open cases in which the attorney represents a debtor or other party in interest.
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