Local Rule RULE 9010-3: WITHDRAWAL OF APPEARANCE
Bankr. D. Mass. — Attorney rule
RULE 9010-3. WITHDRAWAL OF APPEARANCE
(a) A debtor's attorney may only withdraw without leave of the Court if another attorney has filed a notice of appearance for the client.
(b) An attorney, other than a debtor's attorney, may withdraw from a case or proceeding without leave of the Court by servingfiling a notice of withdrawal, provided that either (1) another attorney has filed a notice of appearance for the client or (2) the client is not a plaintiff or defendant in a pending adversary proceeding, the client has not filed a motion or an opposition to a motion or other document that is pending, and there is not another matter pending that requires the client's response or materially affects the client's interests. The notice shall be served on the client, the debtor's attorney (or the debtor, if pro se), any trustee and the trustee's attorney, the United States trustee, the attorney for any committee elected under 11 U.S.C § 705 or appointed under 11 U.S.C. § 1102, and all other attorneys and parties who have appeared in interest and filing the case or requested notice, provided that:
(1) such notice is accompanied by the filing of a notice of appearance of successor counsel;
(2) there are no motions pending before the Court;
(3) no trial date has been set; and
(4) no hearings or conferences are scheduled, and no reports, oral or written, are due.
Unless these conditions are met,(c) If subsection (a) or (b) does not apply, then an attorney (including one whose services have been terminated by histhe client) may withdraw from a case or proceeding only with leave of the Court. The attorney must file a motion to withdraw and serve it on the client, the debtor's attorney (or the debtor, if pro se), any trustee and the trustee's attorney, the United States trustee, the attorney for any committee elected under 11 U.S.C § 705 or appointed under 11 U.S.C. § 1102, and all attorneys and parties who have appeared in the case or requested notice.
(b) An attorney grantedd) If the Court allows leave to withdraw, the attorney shall immediately serve on the client and all other parties in interest the the order permitting withdrawal. If the client is a corporation, the order shall contain a provision directing that on the client, the debtor's attorney (or the debtor, if pro se), any trustee and the trustee's attorney, the United States trustee, the attorney for any committee elected under 11 U.S.C § 705 or appointed under 11 U.S.C. § 1102, and any parties who have filed appearances and requested service of all notices and pleadings. If the client is not an individual, a new counselattorney must file a notice of appearance within twenty one (21) days from the date of the order or such shorter period as the Court may direct. If a party who has been served with notice of an attorney's withdrawal fails to If a new attorney does not appear in the case or proceeding either through a newly appointed attorney or, if such party is an individual, in person,for the client within the period prescribed, such failure shall be grounds for entry of a default judgment, dismissal, or other appropriate action by the Court.
(e) Withdrawal by an attorney when permitted by this Rule shall not affect any pending deadlines in the case.