Motion to Withdraw as Attorney

General Information

• This event is used by a debtor's attorney that is withdrawing. All other attorneys can use the Notice of Withdrawal as Attorney event that does not require a PDF or an order granting.

• Even if a successor attorney has filed an appearance, the Court will not remove the original attorney from the case until that attorney files a Motion to Withdraw as Attorney or either attorney files a Notice of Substitution of Appearance.

Filing Requirements

• The Motion must be signed by the filing party.

• If seeking to withdraw more than one attorney, a separate motion must be filed for each one, even if the attorneys are in the same law firm.

• A Certificate of Service must accompany the Motion.

• The Motion must be accompanied by written notice to the debtor of the withdrawal, unless another attorney has already entered an appearance on behalf of the debtor.

• A proposed order is not required - the Court will prepare one.

Step-by-Step Procedures:

1. Log into CM/ECF

2. Select Bankruptcy > Motions, Applications & Briefs

3. Enter the case number (in the format xx-xxxxx) and click Next

4. Select Withdraw as Attorney, Motion to from the event list and click Next

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Information is displayed outlining the relevant requirements of the Local Rule. Click Next

10. Browse to select the Motion (pdf file).  Click Next

11. Check box if you wish to relate this Motion to a previously filed document (e.g. an Appearance). Do not check this box if you indicated in step 5 that this is an amended motion. Click Next

12. If you checked the box in step 11: Click Next, then check the appropriate box that relates to the current filing and click Next

13. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

14. Enter additional text, if desired, and/or select prefix text and click Next

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

15. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

Curing a Deficiency

• If the Motion is deficient, an amended motion must be filed using the above instructions prior to the deficiency deadline, or the original motion may be stricken by the court.

• If the Client Notification is missing the court may enter an order denying the motion without prejudice. In this case the Motion will need to be re-filed with the client notification attached.