(a)

U.S. Bankruptcy Court for the Middle District of Florida

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Middle District of Florida

Rule: 2090-1

Jurisdiction: MDFLB

Bluebook Citation: Bankr. M.D. Fla. R. 2090-1

All Rules: Bankr. M.D. Fla. Local Bankruptcy Rules, complete index


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Admission to the District Court Required. Except as set forth in sections (b) and (c) herein, an attorney who wishes to appear or be heard as counsel for another in any case or proceeding in the Court must first be admitted to practice in the United States District Court for the Middle District of Florida pursuant to Rule 2.01 of the Local Rules of the United States District Court for the Middle District of Florida. (b) Limited Appearances by Attorneys Not Admitted to the Middle District. An attorney residing outside the Middle District of Florida who is not admitted to practice in the United States District Court for the Middle District of Florida may appear without general or special admission to practice in the following limited instances: (1) the preparation and filing of a notice of appearance and request for service of notices pursuant to Fed. R. Bankr. P. 2002; (2) the preparation and filing of a proof of claim; (3) the preparation and filing of a motion for payment of unclaimed funds; (4) U.S.C. § 341; and the attendance and inquiry at the meeting of creditors held under 11 (5) the attendance and representation of a creditor at a hearing that has been noticed to all creditors other than the representation of a party in a contested matter or adversary proceeding.

(c) Special Admission to Practice. (1) Attorneys Not Admitted to Practice in the Middle District. An attorney who is a member in good standing of the bar of a District Court of the United States other than the Middle District of Florida (“Non-Resident Attorney”) may appear pro hac vice upon motion to the Court provided that such privilege is not abused by frequent or regular appearances in separate cases to such a degree as to constitute the maintenance of a regular practice of law in the Middle District of Florida. Motions to appear pro hac vice must substantially conform to the form posted on the Court’s website, www.flmb.uscourts.gov, and must include: (A) associated bar number(s); the state(s) where the attorney is admitted to practice and (B) the United States District Court(s) where the attorney is admitted; Florida; and (C) a list of all prior pro hac vice appearances in the Middle District of Middle District and that attorney’s consent to act as local counsel.

(D) a written designation of an attorney admitted to practice in the (2) Government Attorneys. An attorney employed by the United States (or any agency thereof) or any state or local government (or any agency thereof) may appear and participate in cases or proceedings on behalf of such entity in the attorney’s official capacity. Any attorney appearing under this subsection is subject to these Local Rules. (3) Separate Requirements for Electronic Filing Users.

A Non-Resident Attorney who is admitted to practice pro hac vice and wishes to file papers with the Court must be an Electronic Filing User as set forth in Local Rule 1001-2. Otherwise, local counsel may file papers on behalf of Non-Resident Attorneys who do not wish to become Electronic Filing Users. (4) Admission Fees. The Non-Resident Attorney must pay to the District Court any admission fee required by the District Court of the Middle District of Florida.

(d) Conduct of Attorneys. All attorneys who appear in this Court are deemed to be familiar with and are governed by these Local Rules, the Rules of Professional Conduct, and other requirements governing the professional behavior of members of The Florida Bar. Such attorneys are subject to the disciplinary powers of the Court, including the processes and procedures set forth in Local Rule 2090-2. Attorneys must conduct themselves with civility and in a spirit of cooperation in order to reduce unnecessary cost and delay.

(e) Attorneys Who Become Ineligible to Practice Law. (1) Voluntary Resignation. An attorney admitted to appear or be heard as counsel for another who resigns from the practice of law in the State of Florida, or from the bar of any state, the District of Columbia or territory upon whose admission the attorney’s eligibility to practice law in this Court relies, must immediately notify the Court of such resignation. Upon such notification, the Court will suspend the attorney’s right to practice before the Court in accordance with Local Rule 2090-2(b).

(2) Involuntary Ineligibility to Practice Law. An attorney admitted to appear or be heard as counsel for another who becomes ineligible to practice law because of disbarment or suspension by the bar of any state, the District of Columbia, or territory, or any federal district court or other court of competent jurisdiction, must immediately notify the Court of such disbarment or suspension. Upon such notification, the Court will suspend the attorney’s right to practice before this Court in accordance with Local Rule 2090-2(b). _______________________ Notes of Advisory Committee 2025 Amendment This amendment revises section (c)(1) to specify what information is required in a motion to appear pro hac vice. Other changes are stylistic.

This amendment to the rule is effective August 15, 2025. 2021 Amendment This amendment revises section (c)(1) to require motions for pro hac vice admission include the state(s) where the attorney is admitted to practice and associated bar number(s). The amendment also revises section (c)(2) to set forth requirements for government attorneys who are not admitted in Middle District. This amendment to the rule is effective August 1, 2021.

2020 Amendment This amendment clarifies that admission to practice in the Middle District is not required for an attorney to prepare and file a motion for payment of unclaimed funds. The title of the rule is also revised to include the words “Pro Hac Vice Admission” so that the Court’s requirements for pro hac vice admission are more easily located in the Local Rules’ Table of Contents. This amendment to the rule is effective August 1, 2020. 2016 Amendment This amendment clarifies the procedure to be followed by attorneys who wish to appear before the Court but who are not admitted to practice in the Middle District of Florida.

The amendment also instructs counsel that the District Court requires a filing fee to be paid for special admission to practice. This amendment to the rule is effective July 1, 2016. 2015 Amendment New section (d) was previously section (a) of Local Rule 2090-2 Attorneys - Discipline. This amendment to the rule is effective July 1, 2015.

2014 Amendment This amendment adds new section (d), requiring any attorney admitted to practice before the Court who becomes ineligible to practice law to so advise the Court. This amendment to the rule is effective July 1, 2014. 2004 Amendment This amendment corrects the Bankruptcy Rules citation to that of the currently used citation. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure.

In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 1.07(a)-(c)(1)-(2). The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules.

The reference in paragraph (a) of this rule is to District Court Local Rule 2.01. At the time of this amendment, the District Court had not taken action to renumber its local rules. In the event the District Court renumbers its local rules, this rule should be interpreted to refer to the renumbered successor to current District Court Local Rule 2.01. 1995 Amendment The amendment to Local Rule 1.07(b) is stylistic.

No substantive change is intended. The amendment to Local Rule 1.07 (c)(1) specifies that the attorney executing the written designation and consent-to-act on behalf of the non-resident attorney be resident in the Middle District of Florida. The amendment to Local Rule 1.07(c)(3) is intended to clarify that an attorney appearing specially is subject to the same disciplinary process as a member of the bar of the District Court. These amendments to the rule were effective on February 15, 1995.

Rule 2090-2 ATTORNEYS - DISCIPLINE (a) General. Any attorney who appears before the Court, either generally under Local Rule 2090-1(a) or (b) or specially under Local Rule 2090-1(c), may, after hearing and for good cause shown, be reprimanded, suspended (temporarily or permanently) from practice before the Court, or subjected to such other discipline as a judge of the Court may deem proper. Nothing in this rule shall be construed as providing exclusive procedures for the discipline of an attorney in appropriate cases or as a limitation upon the power of the Court to punish for contempt in appropriate cases. (b) Suspension or Disbarment in Another Court.

Whenever the Court is notified that an attorney who appears before the Court (1) has been disbarred or suspended from practice by the Supreme Court of Florida, or by any other court of competent jurisdiction, (2) has been disbarred on consent or resigned from the bar of any other court while an investigation into allegations of misconduct is pending, or (3) has been convicted of a felony in any court, the Court shall enter an order that suspends the attorney from practice before the Court and terminates the attorney’s CM/ECF filing privileges effective 14 days from the date of the order. However, within the 14-day period, the attorney may file a motion, with a copy served upon the United States Attorney, seeking relief from the operation of the suspension order. If a timely motion is filed, the suspension shall be stayed until the Court determines the motion. (1) Attorneys Admitted Generally.

If the attorney is admitted to practice generally under Local Rule 2090-1(a) or (b), the motion for relief from the suspension order shall be heard and determined by the Chief Judge or such other judge of the Court as the Chief Judge shall designate. (2) Attorneys Admitted Specially. If the attorney is admitted to practice specially under Local Rule 2090-1(c), the motion for relief from the suspension order shall be heard and determined by the judge assigned to the case in which such special appearance has been made. (c) Duty to Inform the Court of Disciplinary Proceedings.

Any attorney who appears in this Court, upon being subjected to public discipline by any other Court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth, or possession of the United States, including any attorney who is disbarred on consent or resigns from any bar while an investigation into allegations of misconduct is pending, shall promptly inform the Clerk of this Court of such action. (d) Chief Judge May Convene a Grievance Committee. Without limiting a judge’s ability to discipline an attorney as provided in section (a) of this rule, and in addition to or as an alternative to such ability, upon request of a judge of this Court, the Chief Judge of this Court shall convene and appoint a Grievance Committee in the requesting judge’s Division of the Court to conduct an investigation of alleged misconduct on the part of an attorney who appears in this Court, whether appearing generally under Local Rule 2090-1(a) or (b) or specially under Local Rule 2090-1(c). Each Grievance Committee so appointed shall consist of not less than five attorneys regularly practicing in that Division, three of whom shall constitute a quorum.

Appointments shall be for the period of time necessary to conclude the investigation for which the Grievance Committee was appointed. The Court shall designate the Chairman of the Committee, but each Committee shall otherwise organize itself as it sees fit. All proceedings before the Committee may be conducted informally, but shall remain confidential unless otherwise ordered by the Court. Each Committee shall function as follows: (1) Investigation by Grievance Committee.

When a requesting judge refers for investigation by a Committee any matter or question touching upon the professional behavior of an attorney, the Chairman of the Committee will promptly designate a member to investigate the matter and make a report to the Committee as a whole for the Committee’s determination as to whether (A) the inquiry should be terminated because the question raised is unsupported or insubstantial; or (B) the question raised justifies further inquiry but should be referred to the appropriate grievance committee of The Florida Bar; or (C) the question raised should be pursued because there is probable cause to believe that the subject attorney has been guilty of unprofessional conduct justifying disciplinary action by the Court. The Chairman of the Committee shall then report the Committee’s recommendation to the requesting judge and shall follow his or her direction. (2) Referral to United States Attorney. If the requesting judge directs prosecution under this rule, such report shall then be transmitted to the United States Attorney (or, if the United States Attorney be disqualified by interest, to another member of the bar appointed by the Chief Judge of this Court for that purpose) who shall file and serve a motion for an order to show cause upon the accused attorney.

Such motion, and all further proceedings thereon, shall be heard and determined by the Chief Judge of this Court sitting together with any two or more judges of this Court as the Chief Judge of this Court shall designate. (e) Duty to Respond. It shall be the duty of every attorney who appears in this Court, either generally under Local Rule 2090-1(a) or (b) or specially under Local Rule 2090-1(c), to respond to the Court in any proceeding under section (a) of this rule or any Grievance Committee of the Court or the United States Attorney during the course of any investigation or prosecution being conducted pursuant to section (d) of this rule; provided, however, no attorney shall be entitled as of right to notice of the pendency of any such investigation unless and until the attorney is named in an order to show cause filed pursuant to section (d)(2) of this rule. (f) Report to the District Court.

Any discipline imposed under section (a) or (d) of this rule will be reported to the District Court for the Middle District of Florida. _______________________ Notes of Advisory Committee 2016 Amendment This amendment clarifies the procedures to be used when an attorney admitted to practice before the Court, either generally or specially, is disbarred or suspended from practice by the Supreme Court of Florida or another court. This amendment to the rule is effective July 1, 2016. 2015 Amendment Former section (a) is now incorporated into Local Rule 2090-1(d) effective July 1, 2015. 2009 Amendment This amendment adds a local disciplinary rule.

Although bankruptcy courts possess the inherent power to discipline attorneys and impose sanctions, this rule is meant to address the policy and recommendation of the American Bar Association (ABA) that “the Federal Rules of Bankruptcy Procedure . . . be amended. . . to clarify the authority of bankruptcy courts to discipline attorneys . . . and require . . .bankruptcy courts to adopt and enforce local disciplinary rules with respect to attorneys practicing before them. . . .” American Bar Association, Report and Recommendation 117 at 2 (adopted August 2006). As of the date of this amendment, the Federal Rules of Bankruptcy Procedure have not been so amended. Nonetheless, for reasons recited in the ABA report as well as the Court’s desire to provide formal, systemic disciplinary procedures as an option to the use of sua sponte discipline by one of the Court’s bankruptcy judges, this Court has elected to act on the recommendation that a local disciplinary rule be adopted. Although attorneys who practice in the Bankruptcy Court must be admitted to practice in the United States District of Court for the Middle District of Florida, subject to that court’s Rule 2.04(e)(1), only a portion of such attorneys actually appear in the District Court.

Therefore, this Court deems it advisable to adopt its own grievance process pursuant to which this Court will address misconduct issues arising in cases in this Court. This amendment to the rule was effective on April 19, 2009. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended.

This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 1.07(c)(3). The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. The reference in this rule is to District Court Local Rule 2.04.

At the time of this amendment, the District Court had not taken action to renumber its local rules. In the event the District Court renumbers its local rules, this rule should be interpreted to refer to the renumbered successor to current District Court Local Rule 2.04. Rule 2091-1 ATTORNEYS - DUTIES OF DEBTOR’S COUNSEL Unless the Court has permitted the withdrawal of the attorney under Local Rule 2091-2 or except as otherwise provided in this rule, an attorney who files a petition on behalf of a debtor shall attend all hearings in the case that the debtor is required to attend under any provision of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these rules, or order of the Court. However, counsel need not attend a hearing regarding a matter to which the debtor is not a party and whose attendance has only been required as a witness.

Notwithstanding the foregoing, an attorney who provides pro bono representation to a debtor may limit the representation to specified tasks in accordance with the Rules of Professional Conduct. An attorney providing pro bono representation to a debtor may be removed from the case upon filing a notice of withdrawal referencing the limits of their pro bono engagement. __________________________ Notes of Advisory Committee 2021 Amendment This amendment permits an attorney who represents a debtor on a pro bono basis to limit the representation to specified tasks in accordance with the Rules of Professional Conduct. This amendment to the rule is effective August 1, 2021. 2016 Amendment This amendment renumbers the rule from 9011-1 to 2091-1 and revises the title of the rule to indicate that the rule applies to debtor’s counsel.

Other revisions are stylistic. This amendment to the rule is effective July 1, 2016. Rule 2091-2 ATTORNEYS - WITHDRAWALS AND SUBSTITUTIONS (a) Withdrawal Generally. Except as otherwise provided in this rule, Local Rule 2091-1, or by order of the Court, an attorney may not withdraw in any case or proceeding except by leave of Court.

A motion for leave to withdraw shall be filed and served using the negative notice procedures of Local Rule 2002-4. The negative notice legend shall provide for a 14-day response period and shall be served on the client, parties in interest affected thereby, and opposing counsel. (b) Withdrawal for Party in Interest Other than the Debtor. An attorney for a party in interest other than the debtor who is not a party to any pending contested matter or adversary proceeding may withdraw his or her appearance without Court order by filing a notice of withdrawal as attorney, stating the name and mailing address of the client, and serving copies of the notice on the client, the debtor, the trustee, the United States Trustee, and their attorneys.

(c) Withdrawal of Co-Counsel. An attorney seeking to withdraw from representing a client in a case or proceeding at a time when such client is represented by other counsel of record in such matter may withdraw his or her appearance by filing a notice of withdrawal that is approved and signed by the client and other counsel of record for the client, and serving copies of the notice on parties in interest entitled to notice. (d) Substitution of Counsel. Counsel seeking to withdraw from representation of a client may file a joint motion or stipulation with counsel seeking to be substituted in as counsel for such client, in the relevant case or proceedings, requesting authority of the Court for substitution of counsel.

Such motion or stipulation shall certify that the client has consented to the substitution or be signed by the client, and such motion or stipulation shall be served on the client and parties in interest entitled to notice. The Court may consider a joint motion or stipulation for substitution of counsel without a hearing. Substitution of counsel is subject to the requirements of the Bankruptcy Code, the Bankruptcy Rules, and this Court’s Local Rules with regard to retention of professionals, disclosure, payment of professionals, and related matters. (e) Substitution of Counsel Within Same Law Firm.

If an attorney who is a member of the same law firm as the attorney of record wishes to substitute as counsel for a party in place of the attorney of record because (1) the attorney of record is leaving the law firm, (2) the attorney of record will no longer serve as attorney of record, or (3) the attorney of record is deceased, the substituting attorney may file a notice of substitution of counsel (“Notice”) without leave of Court. The Notice shall include a representation that the client has been informed of and consents to the substitution. (f) Substitution of Counsel when Attorney of Record Is Deceased. If the attorney of record is deceased, counsel (who is not a member of the same law firm) seeking to be substituted in as counsel for such client shall file a motion in the relevant case or proceeding requesting authority of the Court for substitution of counsel.

Such motion shall certify that the attorney of record is deceased, providing the date of death, and that the client has consented to the substitution, or be signed by the client, and such motion shall be served on the client and parties in interest entitled to notice. The Court may grant a motion for substitution of counsel without a hearing. Substitution of counsel is subject to the requirements of the Bankruptcy Code, the Bankruptcy Rules, and this Court’s Local Rules with regard to retention of professionals, disclosure, payment of professionals, and related matters. _______________________ Notes of Advisory Committee 2021 Amendment This amendment revises section (d) to reflect that the Court will accept a joint stipulation for substitution of counsel if it is signed by the client or it includes a representation that the client consents to the substitution. In addition, new section (e)(3) sets forth the procedure for substitution of counsel within the same law firm.

Finally, the amendment adds new section (f) regarding the procedure for substitution of counsel not in the same law firm as attorney of record in the event the attorney of record is deceased. This amendment to the rule is effective August 1, 2021. 2019 Amendment This amendment adds new section (e) regarding the procedure for substitution of counsel within the same law firm. This amendment to the rule is effective July 1, 2019.

2016 Amendment This amendment renumbers the rule from 2091-1 to 2091-2 and clarifies that motions for leave to withdraw shall be filed using the negative notice procedures of Local Rule 2004-2. This amendment to the rule is effective July 1, 2016. 2013 Amendment This amendment establishes procedures for the withdrawal of an attorney for a party in interest other than the debtor who is not a party to any pending contested matter or proceeding, the withdrawal of an attorney when the party is represented by another attorney, and the substitution of one attorney for another. This amendment to the rule is effective July 1, 2013.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 1.08(a).

The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The amendments to Local Rule 1.08 are stylistic. No substantive change is intended. These amendments to the rule were effective on February 15, 1995.

Rule 2092-1 APPEARANCES BY LAW STUDENTS (a) Purpose. In the interest of providing assistance to lawyers who represent clients unable to pay for legal services, and encouraging participating law schools to provide clinical instruction in the conduct of litigation in bankruptcy court, this rule establishes the rules and procedures by which eligible law students may appear in this Court (“Qualified Law Student”). (b) Qualified Law Students. Except as otherwise provided herein, the requirements of Rule 2.03 of the Local Rules of the United States District Court for the Middle District of Florida shall govern the limited admission of Qualified Law Students to practice before the Court for the purpose of representing indigent persons.

This limited admission to practice before the Court may be revoked at any time upon the Court’s own motion. (c) Participation Under Supervision. A Qualified Law Student may participate in all court proceedings, including depositions, provided that a supervising lawyer or another lawyer from the same office as the supervising lawyer (“Supervising Lawyer”) is present. The Supervising Lawyer shall be present while a qualified law student is participating in court proceedings.

(d) Requirements of Supervising Lawyer. The Supervising Lawyer shall be admitted to practice before this Court as an Electronic Filing User. The Supervising Lawyer shall direct, supervise, and review all of the work of the Qualified Law Student and shall assume personal professional responsibility for any work undertaken by the Qualified Law Student while under the Supervising Lawyer’s supervision. All pleadings, motions, briefs, and other papers prepared by the Qualified Law Student shall be reviewed by the Supervising Lawyer, and shall be filed with the Court electronically using that lawyer’s CM/ECF User ID. (e) Termination of Supervising Lawyer.

A lawyer currently acting as a Supervising Lawyer may be terminated as a Supervising Lawyer at the discretion of the Court. When a Qualified Law Student’s Supervising Lawyer is so terminated, the student shall cease performing any services under this rule until written notice of a substitute Supervising Lawyer, signed by the Qualified Law Student and by the Supervising Lawyer, is filed with the Court. (f) Signature on Court Filings. When a Qualified Law Student signs any correspondence or legal document, the Qualified Law Student’s signature shall be followed by the title “Law Student,” and if the document is prepared for presentation to a court or for filing with the clerk thereof, the document shall also be signed by the Supervising Lawyer.

(g) Judicial Determination of Indigency Not Required for Referral to a Qualified Law Student. A judicial determination of indigency is not required, and no motion for a judicial determination of indigency need be filed, with respect to any person who has been referred to a Qualified Law Student by a not-for-profit legal aid organization or legal aid clinic operated by a participating law school. (h) Law Student and Supervising Attorney Not “Debt Relief Agencies.” The performance of pro bono legal services to debtors or other persons who are unable to pay for such legal services, in accordance with this rule, shall not cause the Qualified Law Student, the sponsoring legal aid organization or law school, or the Supervising Lawyer to be deemed a “debt relief agency” as defined in 11 U.S.C. § 101(12A). _______________________ Notes of Advisory Committee 2015 Amendment This amendment eliminates the requirement that qualified law students comply with applicable requirements promulgated by the Florida Supreme Court and The Florida Bar. This amendment also clarifies that, in addition to the requirement that the supervising lawyer or a lawyer with the same law firm as the supervising lawyer review all papers prepared by the qualified law student, the papers shall be filed using that lawyer’s CM/ECF User ID. This amendment to the rule is effective July 1, 2015.

2013 This rule establishes procedures by which supervised law students may appear before the Court. This new rule is effective July 1, 2013.

PART III.

CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

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