Authority to Act Personally or by an Attorney; Power of

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

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

Rule: 9010-2

Jurisdiction: SDFLB

Bluebook Citation: Bankr. S.D. Fla. R. 9010-2

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.

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.