Local Rule Rule 9010-1: Appearance Before the Court and at a Meeting of Creditors

Rule 9010-1 Appearance Before the Court and at a Meeting of Creditors

(a) Appearance by Attorney.

(1) Except as otherwise provided by law, appearance before the court on behalf of a person or entity may be made only by an attorney admitted to the bar of, or permitted to practice before, the United States District Court for the Eastern District of Michigan, under E. D. Mich. LR 83.20. A corporation, partnership or other entity other than an individual may not file a petition or other paper, nor appear as a debtor, plaintiff, defendant or other party in an adversary proceeding, unless it is represented by an attorney duly admitted to, and in good standing with, the bar of the United States District Court for this district. The following do not constitute the practice of law for purposes of these rules: (A) the signing or filing of a request for notice; (B) the signing or filing of a proof of claim or a ballot; (C) the attendance and participation at a meeting of creditors or of an official committee; (D) the signing or filing of a pleading or paper resolving an objection to a proof of claim; (E) the signing or filing of a stipulation adjourning a hearing or extending a deadline; or (F) the filing of an appearance under Local Rule 2002-3.

(2) An attorney appearing before the court is expected to have read and to be familiar with the Federal Rules of Bankruptcy Procedure, these rules, the ECF Procedures, the rules of the United States District Court for the Eastern District of Michigan and the Civility Principles. Unless otherwise instructed by the court, counsel must: (A) at the onset of the hearing, place the attorney's name on the record and state the name of the party that the attorney represents; (B) stand when speaking or when addressed by the judge; (C) speak in the vicinity of a microphone; (D) refrain from confrontation or colloquy with opposing counsel; (E) address all persons by their surnames; (F) state all objections concisely and with specificity; and (G) be fully prepared and knowledgeable of the issues and matters to be addressed.

(b) Required Appearance by Debtor's Attorney or Firm of Record. The debtor's attorney or firm of record must, except as provided in subpart (c) below, attend and represent the debtor at the meeting of creditors, any hearing on any reaffirmation agreement and all hearings within the scope of representation. The appearing attorney must have sufficient familiarity and knowledge of the case and its prior proceedings as to permit informed discussion and argument.

(c) Attorney Appearing on Behalf of Attorney of Record. An attorney whose appearance in a particular hearing or a meeting of creditors is made at the request of the debtor's attorney of record must file prior to such appearance a written notice of special appearance and a completed form "Statement of Attorney for Debtor(s) Under F.R.Bankr.P. 2016(b)," available on the court's website. At the time of appearance, the attorney must furnish, on request, a copy of the notice of appearance that evidences the fact of filing. An attorney making a special appearance will be accountable for adequately representing the interests of the person or entity on whose behalf the appearance is made.

(d) Disclosure of Scope of Representation of Debtor's Attorney. The attorney for a debtor must file a completed form "Statement of Attorney for Debtor(s) Under F.R.Bankr.P. 2016(b)," available on the court's website, in which the scope of the attorney's appearance and representation must be accurately stated. The "Statement of Attorney for Debtor(s) Under F.R.Bankr.P. 2016(b)" must be countersigned by the debtor.

(e) Scope of Appearance of Debtor's Attorney in a Chapter 9, 11, 12 or 13 Case. The attorney for a debtor under chapter 9, 11, 12 or 13, is presumed to appear for the case and all proceedings in the case, unless otherwise ordered by the court, and has a continuing duty to represent the debtor in all proceedings in the bankruptcy court, including relief from automatic stay motions, hearings on claims or adversary proceedings, until the occurrence of the earliest of: (1) dismissal of the case; (2) closing of the case; or (3) the entry of an order allowing the attorney to withdraw from further representation of the debtor.

(f) Scope of Appearance of Debtor's Attorney in a Chapter 7 Case. In a case filed under or converted to chapter 7, the scope of appearance of the debtor's attorney will be as disclosed in the F.R.Bankr.P. 2016(b) statement, as may be amended from time to time.

(g) Withdrawal of Attorney.

(1) An attorney who has appeared on behalf of a party may not withdraw without permission of the court. A request for permission to withdraw may be made by stipulation between the attorney and the party or upon motion filed under Local Rule 9014-1. Immediately upon the entry of an order permitting the attorney's withdrawal, the attorney must serve it on parties in interest, file a certificate of service, and to the extent available, provide the parties' contact information and telephone number to opposing counsel upon withdrawal in an adversary proceeding, and to the trustee upon withdrawal in a bankruptcy case.

(2) Except as required under subpart (g)(1), no order is required for a consensual substitution of attorney that is signed by the represented party, the withdrawing attorney and the substituting attorney. A notice of substitution of attorney must be filed and served on the trustee and any interested parties involved in pending litigation.

(h) Required Approval for Employment. If an order approving the employment of the withdrawing attorney under § 327 or § 1103 was required, any new attorney must also comply with F.R.Bankr.P. 2014; the employment will not be deemed approved merely by filing a notice of substitution of attorney.

(i) Appearance for Settlement Purposes Only. Local counsel need not appear solely to sign and file a paper resolving a contested matter or an adversary proceeding.