Local Rule L.R. 2091: Withdrawal of Counsel.

L.R. 2091 - Withdrawal of Counsel. A. General Requirements. 1. Withdrawal by Notice. An attorney of record may withdraw from a case or an adversary proceeding, with the client's informed consent, by filing a notice of withdrawal in substantial conformity with Local Form 30 or 31 if: a. Another attorney who is admitted to practice in this district has already entered an appearance for the client or is entering an appearance simultaneously with the outgoing attorney's notice of withdrawal; or b. The outgoing attorney represents a party other than the debtor, a trustee, or an official committee, (ii) the attorney wishes to withdraw from a main bankruptcy case, and (iii) the client does not have any pending matters associated with that case. 2. Withdrawal by Motion. In all other circumstances, an attorney of record may withdraw from a main case or an adversary proceeding only by order of the Court after filing and service of a motion to withdraw as counsel. The motion must state whether the client has expressly consented to the attorney's withdrawal and must list any pending matters and upcoming hearing dates that the client has in the main case or adversary proceeding. The Court may rule on the motion without a hearing. 3. Substitution of Counsel. A notice of withdrawal may be combined with the entry of appearance of incoming counsel, as in Local Form 31. If the client is unable to get the outgoing attorney to sign or file the necessary notice of withdrawal, the incoming attorney must file a motion to substitute counsel setting forth the incoming attorney's good-faith efforts to locate and communicate with the outgoing attorney about the substitution. The Court may rule on the motion without a hearing. 4. Service of Notices of Withdrawal and Motions to Withdraw or Substitute. Any notice of withdrawal, motion to withdraw, or motion to substitute must be served on the client, any Trustee, and all entities having filed a request for notice. Service on the client must be consistent with Fed. R. Bankr. P. 7004. A motion to substitute also must be served on the outgoing attorney. In Chapter 11 cases, a notice or motion must also be served on the United States Trustee and any official committees. 5. Disclosure of Compensation. Incoming counsel who represents a debtor must file an Attorney Compensation Disclosure (Official Form B2030) and, in a Chapter 13 case, an Attorney Fee Election Form within fourteen (14) days after entering an appearance.

B. Chapter 13 Attorneys Fees. In Chapter 13 cases, the Trustee will cease payment of attorneys' fees to an attorney who has, by order of the Court, been allowed to withdraw from a case unless the Court orders differently. An attorney entering as counsel for the debtor in a Chapter 13 case may, only within seven (7) days following the attorney's entry as counsel of record, petition not to be bound by the withdrawing attorney's fee election. Absent such a petition, the new attorney will be bound by the withdrawing attorney's fee election. The new attorney may not petition the Court not to be bound by the withdrawing attorney's fee election if the withdrawing attorney and the incoming attorney are employed by the same firm.