Withdrawal from representation of a client requires leave of court, after notice served on all affected parties, except in the following instances:
(A) Withdrawal by Attorney for Creditor in an Uncontested Matter: An attorney representing a creditor who is not a party to any pending contested matter or adversary proceeding may file a notice of withdrawal of his or her appearance in each affected case or proceeding. Copies of the notice must be served on all interested parties.
(B) Joint Notice of Substitution of Counsel in a Contested Matter: An attorney for a creditor or chapter 7 or 13 debtor seeking to withdraw from representing a client in a case or proceeding at a time when such client is represented by new counsel of record may file a joint notice with counsel seeking to be substituted as counsel of record for the client, in each affected case or proceeding. Such notice shall contain a statement that the client has consented to the substitution or be signed by the client, and be served on all interested parties.
(C) Substitution of Attorney in Same Firm: An attorney with the same firm as an attorney initially employed by a client pursuant to Local Rule 2014-1, may substitute as counsel for that client by filing the Local Form "Notice of Substitution" in each affected case or proceeding containing a statement that the client has consented to the substitution, and serving the notice on all interested parties, unless the attorney initially employed was the signatory to the “Affidavit of Proposed Attorney for Debtor in Possession/Trustee” or new counsel, if applicable, is not disinterested or represents a materially adverse interest.
The provisions of this rule are subject to the requirements of the Bankruptcy Code, the Bankruptcy Rules and this court’s local rules with regard to retention of professionals, disclosure, payment of professionals and related matters and is not intended as an exception to any other requirement. [Comment: See also Local Rules 2002-1(G) (attorney change of address) and 2002-1(H) (“Master Service List” in chapter 11 cases) and 2014 -1 (A) Employment of Professionals and 2090-1 “Attorneys”.]
[Comment: See also Local Rules 2002-1(G) (attorney change of address) and 2002-1(H) (“Master Service List” in chapter 11 cases) and 2014 -1 (A) Employment of Professionals and 2090-1 “Attorneys”.]
|☞ 2020 Amendment: Section (C) of Local Rule 2091-1 provides the notice requirements for an attorney of record to withdraw from an active bankruptcy case in this District, and substitute into the case an attorney working within that retained law firm. The 2020 Amendment now references the Local Form "Notice of Substitution", which the new attorney at the retained law firm will file.|