Substitute Attorney/Counsel (Motion)

07/14/2016

11. U.S.C.  § 329(a)

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

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

 

A Motion to Substitute Attorney is filed when a debtor or party of interest desires 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 the debtor's attorney is substituted with an attorney from a different law firm the substituting attorney must file a disclosure of compensation with the court.

 

Note:

Substitutions and motions for withdrawal under Miss. Bankr. L.R. 9010-1 must be served as follows:

(i) in an adversary proceeding, on all parties to the proceeding; and

(ii) in a bankruptcy case, on the debtor, the United States Trustee, the case trustee and all affected parties, unless otherwise ordered by the court.

 

 

Docket Events:

[Bankruptcy> Motions/Applications> Substitute Attorney]

[Bankruptcy> Batch Filings> Substitute Attorney (batch)]

[Adversary> Motions> Substitute Attorney]

 


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


Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

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.

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

Proposed Order

 


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


 

Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

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.

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

Proposed Order

Proposed Order

Proposed Order


Substituting Attorney for Debtor with Attorney from Different Firm:


Requirements:

EE Cases

KMS Cases

NPO Cases

Motion with Certificate of Service

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.

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

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

Proposed Order

Proposed Order

Proposed Order

 


Substituting Attorney for Debtor with Attorney in Same Firm:


 

EE Cases

KMS Cases

NPO Cases

Notice of Appearance or Motion and Proposed Order

Motion with Certificate of Service

Motion with Certificate of Service

 

Proposed Order

Proposed Order

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