Substitute Attorney/Counsel (Motion)

Rev. 1/15/2019

 

11. U.S.C.  § 329(a)

Fed. R. Bankr. P. 2016(b)

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.

 

 

Docket Events:

 

[Bankruptcy> Motions/Applications> Substitute Attorney]

[Adversary> Motions> Substitute Attorney]

 


Substituting Attorney for Party-in-Interest (Creditor) with Attorney in a Different Firm:


Requirements:

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Set for Hearing when the motion or proposed order is not signed by the original attorney and substituting  attorney.

21-day Negative Notice must be served upon the  debtor, US Trustee, case trustee and affected parties (all creditors) See Local Rule 9010-1(b)(5)(C)

Proposed Order

Proposed Order

 


Substituting Attorney for Party in Interest (Creditor) with Attorney in the Same Firm:


 

Requirements:

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Set for Hearing when the motion or proposed order is not signed by the original attorney and substituting  attorney.

Set for Hearing when the motion or proposed order is not signed by the original attorney and substituting  attorney.

Proposed Order

Proposed Order


Substituting Attorney for the Debtor with Attorney in a Different Firm:


Requirements:

 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Set for Hearing when the motion or proposed order is not signed by the debtor, original attorney, and substituting attorney.

Motion and 21-day Negative Notice served upon the debtor, US Trustee, case trustee and affected parties (all creditors) See Local Rule 9010-1(b)(5)(C)

Proposed Order

Proposed Order

 


Substituting Attorney for Debtor with Attorney in the Same Firm:


 

KMS Cases

NPO Cases

Motion with Certificate of Service

Motion with Certificate of Service

Proposed Order

Proposed Order

The original attorney and substituting attorney must sign either the motion or the proposed order.