Official Procedure Last Change December 1, 2023
Notice of Substitution and Withdrawal of Appearance
How to file: Location of event: Bankruptcy > Notices & Certifications > Substitution and Withdrawal of Appearance, Notice of Things to be aware of when filing: The document must be signed by both the substituting attorney and the attorney being substituted. If the attorney being replaced is unavailable to sign the substitution of appearance, the substituted attorney must include an affidavit stating the reasons for the unavailability. |
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General Information
- A Substitution of Appearance may be filed in any bankruptcy case where a party's original legal counsel has been replaced by another attorney, irrespective of whether the new attorney is in the same law firm or not.
- The Substitution of Appearance may be filed by the new attorney or by the attorney that is being replaced.
Filing requirements
- The document must not be titled as a motion.
- Attorney for debtor or for a party in an adversary proceeding: The document must be signed by both the substituting attorney and the attorney being substituted. If the attorney being replaced is unavailable to sign the substitution of appearance, the substituted attorney must include an affidavit stating the reasons for the unavailability.
- A Summary Judgment Notice to Pro Se Party if counsel is seeking to withdraw their appearance on behalf of a client who is the non movant to a pending summary judgment. This notice may be included with the motion or filed separately using the Summary Judgment Notice to Pro Se Party event. A Certificate of Service must accompany the Notice to Pro Se Party.
- A Certificate of Service must be included.
Step-by-Step Instructions
1. Log into CM/ECF.
2. Select Bankruptcy > Notices & Certifications.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Substitution and Withdrawal of Appearance, Notice of from the event list and click Next.
5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.
6. 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.
7. Browse to select the document to be filed (pdf file). Click Next.
8. Type the name of the attorney being replaced in the first text box and the name of the attorney that is replacing them in the second text box
9. Select the attorney or attorneys no longer associated with the case and click Next.
10. Final docket text is displayed. Click Next.
11. Verify the final docket text; if correct, click Next to submit your document(s).
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.