Motion to Withdraw or Substitute Appearance of Counsel

(25 cases or more)

Last Updated: July 2016

 

Click here for instructions on filing a single Notice of Appearance.

Review Local Bankruptcy Rules particularly LBR 9010-4 and 9010-5 for guidance before filing a motion to withdraw or substitute appearance of counsel.

The attorney who is withdrawing or substituting their appearance must provide the court with a list of their active cases. To obtain the list please contact the Division Manager or Assistant Division Manager to request a report of active cases.  The report will be generated in pdf format and sent to the attorney by email.  This list must be filed as an attachment to the motion to withdraw or substitute.

The court's practice is to require counsel to file motions to substitute or withdraw an attorney's appearance in multiple cases (25 cases or more) as a miscellaneous petition (MP).  The MP case is assigned a separate case number from the bankruptcy cases in which the attorney’s appearance is being withdrawn or substituted. Please note that the MP event is not available to attorneys to select from the ECF Case Opening menu and therefore cannot be filed electronically. The motion must be filed in electronic format on disk or CD-ROM in compliance with the Court’s Administrative Order 11-03.

 

Procedures for Filing the Motion

The motion should be captioned 'Miscellaneous Proceeding to Withdraw/Substitute Counsel'

Miscellaneous Proceeding Number should be inserted; provide a blank space for the MP case number which will be assigned by the Clerk’s Office.

The proposed order should have the same caption as the motion and state the requested relief.

If known, the name of the new attorney to be substituted for the former attorney should be contained in the motion and proposed order.

 

Please include a cover letter to accompany the disc or CD-ROM indicating that the pleading is a Miscellaneous Petition relating to a motion to withdraw/substitute counsel. Because of the number of cases involved, if the motion is granted,  the order will be docketed in the MP case only. The order is not issued to any parties with the exception of the withdrawn or substituted attorney.

A docket entry regarding the notice of substitution in the MP case will be mass docketed in all the affected bankruptcy cases. There is no written notice and this entry merely serves as a cross reference to the MP case explaining why the attorney’s appearance is withdrawn or substituted.