Local Rule 2090-2: APPEARANCE BY DEBTOR'S COUNSEL

Rule 2090-2 APPEARANCE BY DEBTOR'S COUNSEL

(a) In General.

The attorney of record for a debtor, or an attorney acting of counsel to such attorney and who is knowledgeable in all aspects of the case, shall appear on behalf of the debtor in every aspect of the case, including, but not limited to, appearing at the Bankruptcy Code § 341 meeting and any adjournments thereof, and defending an adversary proceeding, contested matter, motion, or application filed against the debtor during the pendency of the bankruptcy case. In all cases other than chapter 11 cases, an attorney who is knowledgeable in all aspects of the case may appear in place of the attorney of record. In a chapter 11 case, except in a case where the debtor retains conflicts counsel, the attorney of record for the debtor shall not exclude from the attorney's representation of the debtor any aspect of the debtor's case. In a case where the debtor retains conflicts counsel, the attorney of record for the debtor may only exclude those services delineated as services assigned to such conflicts counsel. In all cases other than chapter 11 cases, except as provided in subdivisions (b) and (c) of this rule, an attorney of record for a debtor shall not exclude from the attorney's representation of the debtor any aspect of the case, including, but not limited to, appearing at the Bankruptcy Code § 341 meeting and any adjournment thereof, and defending an adversary proceeding, contested matter, motion, or application filed against the debtor during the pendency of the bankruptcy case.

(b) Exclusion of Adversary Proceeding Defense from Scope of Representation.

In all cases other than chapter 11 cases, if the debtor's pre-petition written retainer agreement with the attorney of record excludes the defense of an adversary proceeding from the agreed scope of representation, and if the attorney will not for that reason appear on the debtor's behalf in any adversary proceeding, and unless the debtor has obtained new counsel for the defense of such adversary proceeding and that counsel has appeared in the adversary proceeding, the attorney shall, within 14 days of service of the summons and complaint, file and serve on the debtor , the United States trustee and counsel for the plaintiff a signed copy of the relevant portions of the retainer agreement (which may be redacted, subject to further disclosure upon direction by the Court, to the extent required to protect privileged or proprietary information, but which shall include the signature page) and an affirmation setting forth:

(i) that such attorney has not been retained to represent the debtor in the adversary proceeding and for that reason will not undertake the representation;

(ii) the applicable provisions of the attorney's written retainer agreement with the debtor;

(iii) that such attorney, following the commencement of the adversary proceeding, has advised the debtor of:

(A) the nature of the adversary proceeding and the claims asserted therein;

(B) the debtor's obligation to file and serve an appropriate response to the initial pleading and the consequences of failing timely to answer or move with respect to the pleading;

(C) the requirements of form and time limits applicable to the preparation, filing and service of a responsive pleading; and

(D) how to serve and file a responsive pleading;

and

(iv) if the attorney is, despite best efforts, unable to contact the debtor to communicate the information described in subdivision (b)(iii) of this rule, the affirmation shall also set forth the nature of the attorney's efforts to contact the debtor.

(c) Relief from Representation of Chapter 11 or Chapter 13 Debtor Upon Conversion to Chapter 7 Notwithstanding the requirements of subdivision (a) of this rule, upon conversion of a chapter 11 or chapter 13 case to a case under chapter 7, counsel for the debtor or chapter 11 trustee, if one was appointed, is relieved from any further obligation to represent the debtor or the chapter 11 trustee in the bankruptcy case, except that such counsel shall assist the debtor or chapter 11 trustee in the performance of their duties upon conversion under any applicable statute or rule.

(d) Relief from Representation of the Debtor Under Other Circumstances.

Applications for relief from representation of a debtor under circumstances other than those described in subdivision (b) of this rule shall be made pursuant to E.D.N.Y. LBR 2090-1. The filing of a withdrawal application pursuant to E.D.N.Y. LBR 2090-1 does not suspend the requirements of subdivision (a) of this rule or toll the running of the time limitations applicable to the interposition of responses to papers initiating adversary proceedings, contested matters, motions, or any other application against the debtor.

(e) Sanctions.

An attorney of record for a debtor who fails or refuses without reasonable excuse to represent the debtor in any aspect of the case, including, but not limited to, appearing at the Bankruptcy Code § 341 meeting and any adjournments thereof, and defending an adversary proceeding, contested matter, motion, or application filed against the debtor during the pendency of the bankruptcy case (other than any attorney who excludes the defense of adversary proceedings from the attorney's representation of the debtor in accordance with subdivision (b) of this rule and who complies with all of the requirements of subdivision (b) of this rule) may, after notice and a hearing, be sanctioned pursuant to this rule and may be ordered to disgorge fees paid in connection with the case pursuant to Bankruptcy Rule 2017.

CROSS-REFERENCE: E.D.N.Y. LBR 2090-1 REFERENCE: Bankruptcy Rule 2017