Substitute Attorney/Counsel (Motion) - Chapter 11

 

Rev. 1/302019

 

11. U.S.C.  § 329(a)

Miss. Bankr. L.R. 9010-1(b)(5)

 

 

A party-in-interest may file a Motion to Substitute Attorney when the party seeks to change attorneys.  

 

Click here for information regarding filing an "Amended" Motion to Substitute Attorney/Counsel.

Click here for substituting counsel in a Chapter 11 case/proceeding.

 

When substituting the debtor's attorney with an attorney from a different law firm the new attorney must file a disclosure of compensation.

 

Note:

 

Pursuant to Miss. Bankr. L.R. 9010-1 the movant must serve a motion to substitute counsel or a motion to withdraw as counsel as follows:

 

  • Adversary proceeding - on all parties to the proceeding

  • Bankruptcy case (unless otherwise ordered by the court) on the debtor, the United States Trustee, the case trustee and all affected parties.

 


Substitute Debtor's Attorney


Docket Event:

 

[Bankruptcy>Motions/Applications>Substitute Attorney]

 

Requirements:

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Proposed Order

Proposed Order

 

Note:

When substituting the debtor's attorney - the motion or proposed order must contain the signatures of the debtor, original attorney and substituting attorney.  If any signatures are missing the attorney must provide an explanation within the motion.  .

 

The new attorney must file an Affidavit and a Disclosure of Fees

 

 


Substitute Creditor or Party-in-Interest's Attorney


Docket Event:

 

[Bankruptcy>Motions/Applications>Substitute Attorney]

 

Requirements:

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Affidavit of substituting attorney

Affidavit of substituting attorney

Proposed Order

Proposed Order

 

Note:

When substituting an attorney for a party in interest (creditor)  - the motion or proposed order must contain the signatures of the original attorney and substituting attorney.

 

 


Substitute Unsecured Creditor's Committee Attorney


Docket Event:

 

[Bankruptcy>Motions/Applications>Substitute Attorney]

 

Requirements:

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Affidavit of substituting attorney

Affidavit of substituting attorney

Proposed Order

Proposed Order

 

Note:

When substituting an attorney for the unsecured creditor's committee  - the motion or proposed order must contain the signatures of the original attorney and substituting attorney.  The substituting attorney must provide a disclosure of fees.