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B-9010-2. SUBSTITUTION AND WITHDRAWAL OF APPEARANCE

(a)   Substitution

If a party in an adversary proceeding or a debtor in any case wishes to substitute attorneys, a substitution of appearance signed by the original attorney and the substituted attorney shall be filed.    If a trustee, debtor, or official committee wishes to substitute attorneys or any other professional whose employment was subject to approval by the Court, an application to employ the new professional must also be filed. If the attorney being replaced is unavailable to sign the substitution of appearance, the substituted attorney shall include an affidavit stating the reasons for the unavailability.

(b)   Notice of Withdrawal

An attorney for a party other than the Debtor may withdraw an appearance by filing a notice of withdrawal:

(1)      when another attorney remains attorney of record for the party; or

(2)      when the party has no controversy pending before the Court.

Otherwise, a motion to withdraw is required.

(c)   Motion to Withdraw: Requirements

 When a motion to withdraw is required, the motion shall provide:

(1)   satisfactory evidence of a written request from the party to withdraw; or 

(2)     an attached a copy of a notice to the party of the intent to withdraw sent at least seven (7) days before the filing of the motion to withdraw, which includes a statement either that no hearing, conference, or deadline involving the party is set in the next thirty (30) days or that gives the details of that hearing, conference, or deadline; and

(3)     provide the party’s last known telephone number.

(d)   Service 

Substitutions of appearance and motions to withdraw shall be served:

(1)     in an adversary proceeding, on all parties to the proceeding; and

(2)     in a bankruptcy case, on all counsel of record, and the Debtor if not represented by counsel.

(e)   Effect of Failure to Comply

 Until compliance with paragraph (a), (b), or (c) as applicable, and paragraph (d) and entry of an order, if necessary, permitting withdrawal, the original attorney remains the party’s attorney of record.

(f)   Attorney Status in Court Record After Withdrawal or Substitution

Upon the Court’s entry of an order granting a motion to withdraw, or the filing of a notice of withdrawal or substitution of appearance, the Court shall remove the attorney from the list of attorneys receiving notices and orders in the case or adversary proceeding.  The Court’s docket will continue to show the attorney, with a notation that the attorney’s appearance has been terminated.