Authority to Act Personally or by an Attorney; Power of
U.S. Bankruptcy Court for the Southern District of Florida
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Attorney – Duties of Debtor’s Attorney (a) In General. Unless granted leave to withdraw under Local Rule 9010-1(f), an attorney filing a petition – or later appearing – on behalf of a debtor in a bankruptcy case must: (1) advise the debtor of – and assist the debtor in complying with – the duties of a debtor under § 521; (2) meet and confer with the debtor before – and attend with the debtor – the initial debtor interview conducted by the United States trustee; (3) meet and confer with the debtor before – and attend with the debtor – the § 341 meeting of creditors; (4) meet and confer with the debtor before – and attend on the debtor’s behalf – all hearings in the debtor’s case in which the debtor has an interest; and (5) represent the debtor in negotiating – and appear on behalf of the debtor at any hearing to consider approval of – a reaffirmation agreement under § 524. (b) Exceptions. (1) Law Firm Partner, Member, or Associate.
A partner, member, or regular associate in the firm of an attorney of record who is familiar with a debtor’s case – including the schedules and statement of financial affairs – may appear on the debtor’s behalf at a hearing, § 341 meeting of creditors, or initial debtor interview. (2) Appearance Counsel. Appearance counsel may represent a debtor at a hearing only if: (A) the debtor consents in advance of the hearing; (B) the debtor does not incur an additional expense for use of appearance counsel; (C) appearance counsel complies with all applicable rules regarding disclosure of any fee sharing arrangements; and 44 (D) appearance counsel is familiar with the debtor’s case, including the schedules and statement of financial affairs.