ATTORNEYS - WITHDRAWAL, SUBSTITUTION, AND CHANGE

OF ADDRESS (a) Motion for Withdrawal or Substitution. Except as provided in LBR 2091-1(b), a motion filed under LBR 9013-1(p) is required for: (1) Withdrawal without Substitution. An attorney who has appeared on behalf of an entity or individual in any matter concerning the administration of the case, in one or more proceedings to withdraw as counsel; (2) Substitution of Self-Represented Individual. An individual who is currently represented by an attorney in any matter concerning the administration of the case, in one or more proceedings, who now desires to represent himself/herself without an attorney.

The attorney and individual may include, as an exhibit to the motion, the court-approved form for substitution of attorney. 40 LBR 2091-1 (b) Consensual Substitution of Counsel. (1) A consensual substitution of attorneys may be filed and served to substitute counsel without filing a motion where: (A) Replacing an Attorney with a Different Attorney. An entity or individual on whose behalf an attorney has appeared in any matter concerning the administration of the case, in one or more proceedings, or both, desires to substitute a different attorney in place of the former attorney; or (B) Unrepresented/Self-Represented Party Adding an Attorney.

A previously unrepresented entity or self-represented individual desires to substitute an attorney employed to represent the entity or individual. (2) A substitution of attorney must be filed in substantially the same form as court- approved form F 2091-1.1.SUBSTITUTION.ATTY, Substitution of Attorney, and served on those persons entitled to notice under LBR 2091-1(c). (3) An attorney’s employment as a “professional person” under 11 U.S.C. §§ 327 or 1103 is not approved merely by the filing of a Substitution of Attorney and service of notice thereof. Approval of employment must be obtained in compliance with the requirements of the Bankruptcy Code, FRBP, and these rules.

(c) Notice. (1) Case. An attorney seeking withdrawal or substitution who has appeared on behalf of an entity in any matter concerning the administration of the case must give notice of the proposed substitution or motion for leave to withdraw to the debtor, the United States trustee, any case trustee, any committee appointed in the case, and counsel for any of the foregoing. (2) Proceedings.

An attorney seeking withdrawal or substitution who has appeared on behalf of an entity only in one or more proceedings must give notice of the proposed substitution or motion for leave to withdraw to the debtor, each party who has been named or who has appeared in such proceeding(s), and the United States trustee. (3) Cases and Proceedings. An attorney seeking withdrawal or substitution who has appeared on behalf of an entity both in the case and one or more proceedings must give notice of the proposed substitution or motion for leave to withdraw to all entities entitled to notice under subsections (c)(1) and (2) of this rule. (d) Corporation, Partnership, Unincorporated Association, or Trust.

An attorney moving for leave to withdraw from representation of a corporation, a partnership including a limited liability partnership, a limited liability company, or any other unincorporated association, or a trust, concurrently or prior to filing any such motion, 41 must give notice to the client of the consequences of its inability to appear without counsel, including the possibility that a default judgment may be entered against it in pending proceedings; or, if the client is a chapter 11 debtor, that the case may be converted to chapter 7, a trustee may be appointed, or the case may be dismissed. LBR 2091-1 (e) Delay by Withdrawal or Substitution. (1) A withdrawal or substitution of counsel will not result in a continuance of any matter, absent an order granting a motion for continuance after notice and a hearing pursuant to LBR 9013-1(m). (2) Unless good cause is shown and the ends of justice require, no substitution or withdrawal will be allowed that will cause unreasonable delay in prosecution of the case or proceeding to completion.

(f) Change of Address. (1) An attorney who changes office address must file and serve a notice of change of address to update the attorney’s address in the court’s electronic database. (2) In the absence of a specific request to the contrary, a change of address will update the attorney’s address in the court’s electronic database and the mailing list in all open cases in which the attorney represents a debtor or other party in interest. 42 LBR 3007-1