Local Rule 2091-1: ATTORNEYS — WITHDRAWALS

RULE 2091-1. ATTORNEYS — WITHDRAWALS

(a) Withdrawal by Attorney for Debtor in a Bankruptcy Case or Adversary Proceeding. An attorney who has made an appearance on behalf of a debtor as determined by E.D. Tenn. LBR 9010-1 may not withdraw from representation of the debtor except by leave of court for cause shown. The attorney seeking to withdraw must either file a motion setting forth the basis for the requested withdrawal or, in the event the debtor has obtained the services of another attorney, a motion for entry of an agreed order of substitution of counsel signed by both attorneys. If a motion to withdraw is filed in a bankruptcy case, the attorney must serve the motion and proposed order on the debtor and the trustee. If a motion to withdraw is filed in an adversary proceeding, the attorney must serve the motion and proposed order on the debtor and all other parties. If an agreed order of substitution of counsel is tendered, within 14 days after entry of the agreed order, the new attorney must file the Disclosure of Compensation of Attorney for Debtor required by 11 U.S.C. § 329 and Fed. R. Bankr. P. 2016(b), Bankruptcy Form B 2030, available on the court's website, www.tneb.uscourts.gov.

(b) Withdrawal by Attorney for Party Other than Debtor in a Bankruptcy Case. An attorney who has made an appearance on behalf of a non-debtor party in a bankruptcy case as determined by E.D. Tenn. LBR 9010-1 may withdraw from representation without leave of court by filing a notice stating that the attorney no longer represents the party. In the event the party has obtained the services of another attorney, a notice of substitution of counsel may be filed by the new attorney that includes the new attorney's name, office address, telephone and fax numbers, and email address.

(c) Withdrawal by Attorney for Party Other than Debtor in an Adversary Proceeding. An attorney who has made an appearance on behalf of a non-debtor party in an adversary proceeding as determined by E.D. Tenn. LBR 9010-1 may not withdraw from representation except by leave of court. The attorney seeking to withdraw must either file a motion setting forth the basis for the requested withdrawal or, in the event the party has obtained the services of another attorney, a motion for entry of an agreed order of substitution of counsel signed by both attorneys. If a motion to withdraw is filed, the attorney must serve the motion and proposed order on all parties to the adversary proceeding.

(d) Omnibus Substitution of Attorneys. In lieu of filing a motion for entry of an agreed order for substitution of counsel pursuant to subsection (a), (b), or (c) in each affected case, the withdrawing attorney may file the motion in an omnibus manner by submitting the motion signed by both attorneys, a proposed order, a certificate of service, and an exhibit list of affected cases to the clerk of court by email to ECFMail@tneb.uscourts.gov. In the event an attorney is seeking to withdraw from representation of debtors pursuant to subsection (a) in an omnibus manner, the withdrawing attorney must make a representation in the motion that all affected debtors have been informed that the withdrawing attorney will no longer serve as the debtor's attorney and that the new attorney has assumed representation. The clerk of court will docket the motion, order, certificate of service, and exhibit list in each affected case.