You are here

2091-1 Withdrawal and Substitution of Counsel

(a)   If debtor's counsel has not limited its engagement as provided in Local Rule 2016-2(b), the court may grant leave to withdraw only on the following conditions:

(1)      The court may consider an ex parte joint motion to withdraw and to substitute debtor's counsel, signed by counsel moving to withdraw, substitute counsel and the debtor. Motions not bearing all three signatures shall be noticed for a hearing pursuant to Local Rule 9013-3.

(2)      If the debtor has not retained substitute counsel, a motion to withdraw as debtor's counsel shall include:

(i)       counsel's reasons for moving to withdraw;

(ii)      the debtor's current address and current telephone number;

(iii)     a statement that the mover either has notified the debtor of his intent to move to withdraw and has advised the debtor of all deadlines and pending court appearances and the consequences of proceeding without an attorney or that he has been unable to contact the debtor by telephone or United States mail.

(b)   If debtor's counsel has limited his engagement pursuant to Local Rule 2016-2(b) and wishes to withdraw as counsel, the motion shall  not only comply with the requirements of 2091-1(a)(2), but also shall recite that the engagement was limited, attach evidence of the limitation of the engagement, and state that counsel previously has notified the debtor of his intent to move to withdraw.

(c)   Mover shall serve the motion to withdraw as debtor's counsel in a bankruptcy case and notice of hearing (if required) on the debtor, the United States Trustee, the trustee and counsel for any committee. Mover shall serve the motion to withdraw as debtor's counsel in an adversary proceeding and notice of hearing (if required) on the debtor and all other parties or their counsel of record.

(d)   If relief is sought ex parte, the mover shall submit a proposed order pursuant to Local Rule 9013-5. If a hearing is necessary, the mover shall comply with Local Rules 9013-1 through 9014-3.

(e)   Motions to withdraw and to substitute counsel for non-debtor parties shall be submitted ex parte. If a non-debtor party has not arranged for substitute counsel, a motion for leave to withdraw shall include:

(1)      a statement of the reasons counsel is moving to withdraw;

(2)      a statement that the client has been contacted regarding the motion to withdraw and has been advised of all deadlines and pending court appearances; and

(3)      the client's current address and current telephone number.

(f)    Withdrawal or substitution of counsel for any party in a case or proceeding is not cause for relief from any pending deadlines, hearing or trial dates, unless the court orders otherwise.