Motion to Withdraw as Attorney

Official Procedure Last Change June 22, 2023

Motion to Withdraw as Attorney

How to file:

Location of event: Bankruptcy > Motions, Applications & Briefs > Withdraw as Attorney, Motion to

Things to be aware of when filing:

(1) This event is used by a debtor/plaintiff/defendant'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, but only if they no longer have any pending issues in the case.

(2) The debtor's phone number must be provided in the Motion unless another attorney has already appeared for the debtor.

General Information

  • This event is used by a debtor/plaintiff/defendant'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, but only if they no longer have any pending issues in the case.
  • 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 appeared on behalf of the debtor. The notice, if required, must include a statement either that no hearing, conference, or deadline involving the party is set in the next thirty days or that gives the details of that hearing, conference, or deadline.
  • The Motion must contain the most recent phone number of the debtor, unless another attorney has appeared on behalf of the debtor. This must be done even if the debtor's phone number was included in the petition when filed (since the number may well have changed since then).
  • A proposed order is not required - the Court will prepare one.

 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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. Select prefix text, if applicable, 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.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.