Local Rule 9010-1: Appearances

Rule 9010-1 Appearances

(a) Appearances by Attorneys or Parties.

(1) With the exception of proofs of claim filed on the claims register, the filing of any document in a bankruptcy case or adversary proceeding constitutes an appearance by the attorney who signs the document. [A] An attorney who wishes to be added to the Matrix in a case, but does not file any other document, must file a request for special notice in the case or proceeding. [B] Attorneys representing chapter 11 debtors must still obtain express court approval of their employment pursuant to § 327 of the Code and Rule 2014, Federal Rules of Bankruptcy Procedure.

(2) A party represented by counsel may not appear or otherwise act on his, her, or its own behalf.

(3) Representation of Non-Individuals. [A] A debtor who is not an individual must be represented by an attorney. [B] A non-individual, non-debtor party may appear without counsel only in the following limited circumstances: (i) with respect to contested matters where its claim or interest does not exceed the jurisdictional limit on small claims actions brought in the Alaska Court System; (ii) for the purpose of filing a proof of claim in a bankruptcy case; or (iii) at the meeting of creditors held under § 341 of the Code. [C] In a case to which subparagraph (3)[B] applies, a corporation, partnership, limited liability company, or unincorporated association may appear through one of the following: (i) a corporate officer; (ii) a general partner; (iii) a manager of a limited liability company; (iv) an association officer; or (v) a designated employee.

(I) Prior to participation in a case or proceeding, a designated employee representative must file with the court written authorization signed by a person listed in subparagraph 4[A](i)-(iv) above designating such employee as the representative and acknowledging that the entity will be bound by the actions of the designated employee.

(b) Withdrawal or Substitution of Attorney.

(1) The following provisions apply to bankruptcy cases and adversary proceedings pending before the court.

(2) Withdrawal of Attorney. [A] Attorneys for Debtors.

(i) If an attorney has obtained written consent of chapter 7, 12, or 13 debtor(s) (but NOT chapter 11 debtors) to withdraw from representation, the attorney may file a notice of withdrawal and serve that notice of withdrawal on the Matrix.

(I) The notice of withdrawal must bear the attorney's signature, the debtor's original (holographic/wet) signature(s) and include the debtor's current mailing address.

(a) Participants in the CM/ECF System must retain the original document and may file an imaged (scanned) digital copy of the notice of withdrawal with the court. (II) Withdrawal will be effective upon filing the notice of withdrawal with client consent service of the notice in accordance with AK LBR 9010-1(b)(4), and no order of the court shall be required or entered.

(ii) If an attorney has not obtained written consent of a chapter 7, 12 or 13 debtor to withdraw from representation, or the attorney represents a chapter 11 debtor, the attorney who wishes to withdraw must file a noticed motion stating: (I) the reason(s) for the request; (II) the names and last known addresses of the debtor(s); and (III) any events or deadlines that are set in the case or proceeding, e.g., a trial or pretrial conference, hearings, etc., and the date and time of the events or deadlines. (IV) Notice of the motion to withdraw must include: (a) the name(s) of the debtor(s) represented by the withdrawing attorney; (b) the date the attorney intends to withdraw, which date must not be less than twenty-one (21) days after the date the notice is served; and (c) a statement that an order permitting the withdrawal may be entered without further notice or hearing unless an objection to the withdrawal is filed within fourteen (14) days of the date the notice was served.

(iii) If an attorney for a non-individual debtor withdraws, the debtor or debtor in possession must obtain new counsel before it may participate further in the case.

(I) In the case of a non-individual debtor, the court may refuse to permit withdrawal of an attorney or may provide that the case will be dismissed if a new attorney does not appear within fourteen (14) days of the withdrawal. [B] Other Attorney Withdrawal Requiring a Noticed Motion

(i) An attorney representing a trustee in a case under any chapter of the Code OR any attorney representing a party in an adversary proceeding who wishes to withdraw from representation must file a noticed motion to withdraw that complies with AK LBR 9010-1(b)(2)[A](ii). [C] Attorneys for Creditors.

(i) An attorney representing a creditor in any case under the Code must file a notice of withdrawal, bearing the original (holographic/wet) signature of the attorney's client or its representative, and providing a current mailing address for the creditor.

(I) Participants in the CM/ECF System must retain the original document and may file an imaged (scanned) digital copy of the notice of withdrawal with the court.

(ii) Withdrawal of a creditor's attorney will be effective upon the filing of the notice of withdrawal and service of the notice in accordance with AK LBR 9010-1(b)(4), and no order of the court shall be required or entered.

(iii) The filing of the notice of withdrawal will effectuate removal of the attorney from the Matrix.

(3) Substitution of Attorney. [A] Court Approval of Employment Not Required.

(i) If court approval of the attorney's employment was not required in the first instance under the Bankruptcy Code or Federal Rules of Bankruptcy Procedure, the substitution of attorney may take the form of a notice and need not be approved by the court.

(ii) The notice of substitution must: (I) include the effective date of substitution; and (II) be signed by: (a) both the original and the new attorneys; or (b) the new attorney and the client, with notice to the original attorney.

(iv) Notices of substitution will be effective upon filing with the court and service of the substitution in accordance with AK LBR 9010-1(b)(4), and no order of the court shall be required or entered. [B] Court Approval of Employment Required.

(i) If court approval of the attorney's employment was required in the first instance under the Bankruptcy Code or Federal Rules of Bankruptcy Procedure, the substitution of attorney must be in the form of a noticed motion that complies with AK LBR 9010-1(b)(2)[A](ii), and will not be effective until approved by the court.

(4) Service of Notices and Motions to Withdraw or Substitute Attorneys. [A] Notices of withdrawal or substitution and notices of motions to withdraw or substitute must be served on the following:

(i) In the case of an attorney for a debtor, trustee or debtor in possession: (I) all those listed on the Matrix.

(ii) In the case of an attorney representing a party to an adversary proceeding or contested matter: (I) the attorney's client; and (II) all other parties to the adversary proceeding or contested matter and their attorneys, if any.

(iii) In the case of all other attorneys: (I) the attorney's client; (II) the debtor or debtor in possession and his/her/its attorney; (III) any trustee and his or her attorney, if any; and (IV) the United States trustee. [B] An attorney's client may be served at the client's last known address, but service upon the client is unnecessary if the client's written consent to withdrawal or substitution has been filed with the court.

(c) New Attorneys. If an attorney dies, withdraws without substitution, or otherwise ceases to act, a party's notice of the retention of a new attorney must be filed with the court and served on the appropriate parties set forth in paragraph (b)(4).