Local Rule 2090-1: ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

RULE 2090-1 ATTORNEYS - RIGHT TO PRACTICE BEFORE THE COURT; PRO SE PARTIES

(A) Bar of the Court: Those attorneys who are admitted to practice before this Court shall comprise the Bar of the United States Bankruptcy Court for the Eastern District of Virginia.

(B) Qualifications for Admission and the Right to Practice Before the Court: An attorney, to qualify for admission (or readmission) and to maintain the right to practice before this Court, shall be administered the oath of admission upon the filing of an acceptable application to practice before the Court under paragraph (C) of this Local Bankruptcy Rule and shall be and at all times must remain a member in good standing of the Bar of the Commonwealth of Virginia and of the Bar of the United States District Court for the Eastern District of Virginia.

(1) Members of the Bar of this Court as of September 1, 2019: To maintain the right to practice before this Court, all members in good standing of the Bar of this Court as of September 1, 2019, must comply with Sections 1 or 2 of the Continuing Practice Protocol (Exhibit 14 to these Local Bankruptcy Rules) (rescinded effective December 1, 2024) no later than January 8, 2021. A member of the Bar of this Court in good standing who has failed to timely comply with this subparagraph will not be permitted to practice before this Court, which includes, but is not limited to, the suspension of the attorney's CM/ECF privileges.

(a) An attorney who has lost the privilege to practice in this Court under paragraph (B)(1) of this Local Bankruptcy Rule may apply for readmission in accordance with paragraph (B) of this Local Bankruptcy Rule.

(C) Application and Procedure for Admission: Every attorney desiring admission to practice before this Court shall file with the Clerk written application therefor accompanied by signature by two qualified members of the Bar of this Court stating that the applicant is of good moral character and professional reputation and is qualified to practice bankruptcy law. The Clerk of this Court shall supply such application upon request. As a part of the application, the applicant shall certify that the said applicant has within 90 days prior to the application read or reread (1) the Federal Rules of Civil Procedure (FRCP), (2) the Federal Rules of Evidence, (3) the Federal Rules of Bankruptcy Procedure (FRBP) and (4) the Local Bankruptcy Rules of this Court.

(D) Presentation: A qualified member of the Bar of this Court who has examined the credentials of the applicant and, if found sufficient, may present the applicant to the Court for admission. If admitted, the applicant shall take the oath required for admission, sign the roll of the Bar of this Court and, thereafter, be issued a certificate of qualification by the Clerk.

(E) Other Attorneys:

(1) Western District of Virginia: Any attorney who is a member in good standing of both the Bar of the United States District Court for the Western District of Virginia and the Bar of the United States Bankruptcy Court for the Western District of Virginia shall be admitted (or readmitted) to practice in the bankruptcy courts of the Eastern District of Virginia upon filing with the Clerk of this Court:

(a) a certificate of the Clerk of the United States District Court for the Western District of Virginia stating that said attorney is a member in good standing of the Bar of that District;

(b) a certificate of the Clerk of the United States Bankruptcy Court for the Western District of Virginia stating that said attorney is a member in good standing of the Bar of that District; and

(c) a certification from the applicant stating that said attorney has, within the preceding 90 days, read the Local Bankruptcy Rules of this Court.

(2) Members of the Bar of this Court as of September 1, 2019, based upon a certificate of good standing of the United States Bankruptcy Court for the Western District of Virginia: To maintain the right to practice before this Court, all members admitted to practice based upon a certificate of good standing of the United States Bankruptcy Court for the Western District of Virginia and who are in good standing of the Bar of this Court as of September 1, 2019, must comply with Section 3 of the Continuing Practice Protocol (Exhibit 14 to these Local Bankruptcy Rules) (rescinded effective December 1, 2024). Such members who have failed to comply with this subparagraph will not be permitted to practice in this Court, which includes, but is not limited to, suspension of the attorney's CM/ECF privileges.

(a) An attorney who has lost the privilege to practice in this Court under paragraph (E)(2) of this Local Bankruptcy Rule may apply for readmission in accordance with paragraph (E)(1) of this Local Bankruptcy Rule.

(3) Foreign Attorneys:

(a) Application: Upon written motion by a member of the Bar of this Court admitted or authorized to practice under paragraph (B), (B)(1), (E)(1), (E)(2) or (E)(4)(a)(i), an attorney, qualified to practice in the United States District Court of another state, the District of Columbia or a territory of the United States may apply for pro hac vice admission in a specific case and sign pleadings and other filings, provided that:

(i) The rules of the federal court of the district in which the attorney maintains an office extend a similar privilege to members of the Bar of this Court; and

(ii) That such attorneys from another state, the District of Columbia, or a territory of the United States shall be accompanied by a member of the bar of this Court in all appearances before this Court.

No response period or notice of motion is required for a motion for pro hac vice admission.

(b) Applications for pro hac vice admission shall complete a written application, which shall be appended to and incorporated by reference in the aforesaid motion. As a part of the applications, the applicant shall certify that the said applicant has within 90 days prior to the application read or reread (1) the Federal Rules of Civil Procedure (FRCP), (2) the Federal Rules of Evidence, (3) the Federal Rules of Bankruptcy Procedure (FRBP) and (4) the Local Bankruptcy Rules of this Court.

(c) Admission Pro Hac Vice: All attorneys admitted before this Court for the purpose of participating in a particular proceeding pro hac vice shall be subject to the Local Bankruptcy Rules of this Court. If the Court finds the application otherwise appropriate, the Court may order the pro hac vice admission of the applicant.

(d) Filings: Except as permitted by Local Bankruptcy Rule 9010-1 or where a party conducts his or her own case, no pleading or other filing required to be signed by an attorney shall be filed by an attorney admitted pro hac vice unless also signed by an attorney who is admitted or authorized to practice under paragraphs (B), (B)(1), (E)(1), (E)(2) or (E)(4)(a)(i), with the office address where notice can be served upon said attorney, and who shall have such authority that the Court can deal with that attorney alone in all matters connected with the case. Such appearance shall not be withdrawn without leave of the Court. Service of notice or other proceedings on the attorney shall be equivalent to service on the client. Where a party is not represented by counsel, the party shall include on each pleading an address where notice can be served.

(e) Adversary Proceedings: An attorney intending to appear in an Adversary Proceeding shall file the motion only in the case in which an Adversary Proceeding is pending. Admission shall apply to the case and all related Adversary Proceedings.

(f) Reopened Cases: A foreign attorney wishing to appear in a reopened case shall file a separate motion to appear in the case notwithstanding entry of any order in the case granting admission.

(g) Pro Hac Vice Admittees Prior to November 16, 2020: Attorneys admitted pro hac vice under subparagraph (a) prior to November 16, 2020, must comply with Section 5 of the Continuing Practice Protocol (Exhibit 14 to these Local Bankruptcy Rules) (rescinded effective December 1, 2024) no later than January 8, 2021. Such pro hac vice admittees who have failed to timely comply with this subparagraph will retain the privilege to appear and practice pro hac vice under subparagraph (a) but will lose CM/ECF filing privileges until they comply with subparagraph (E)(3)(g)(i).

(i) An attorney whose CM/ECF filing privileges have been suspended under subparagraph (E)(3)(g) will be automatically reinstated with limited filing privileges upon the attorney's (or local counsel's) submission of a PDF copy of the Pro Hac Vice Order of Admission entered in an active case or proceeding to the Clerk of this Court.

(4) Attorneys for Federal, State, or Local Governments:

(a) Attorneys Permitted to Practice Upon Certification: Effective November 16, 2020, the following attorneys are permitted to appear and practice in this Court in the performance of their official duties upon the filing of an acceptable "Certification of Qualifying Government Employment Under Local Bankruptcy Rule 2090-(E)(4)(a)" with the Clerk as long as such attorneys are qualified and licensed to practice before the Supreme Court of the United States, or before the highest court of any state in the United States, or before the courts in the District of Columbia:

(i) Federal government attorneys appearing pursuant to the authority of the United States Attorney's Office for the Eastern District of Virginia;

(ii) Federal government attorneys appearing pursuant to the authority of the United States Trustee for Region 4;

1. The privilege to appear and practice in this Court under subparagraph (E)(4)(a)(ii) excludes the filing of a notice of appeal or litigation of an appeal from a judgment, order or decree of this Court unless the attorney is authorized to practice law in the court to which the appeal is taken.

or;

(iii) Any other federal government attorney representing the United States government, or any agency or employee thereof, may appear and sign pleadings and other filings in an action without admission to practice in the Court. However, any such attorney must secure local counsel by either working with an Assistant United States Attorney assigned to the Eastern District of Virginia or local counsel who is a member in good standing of the Bar of this Court, who shall accompany the attorney in appearances before the Court and also sign all pleadings and other filings.

(b) Attorneys Under Subparagraph (E)(4)(a)(i)-(iii) Who Have Appeared or Filed a Pleading in this Court Prior to November 16, 2020: To maintain the privilege to appear and practice in performance of their official duties, attorneys must, no later than January 8, 2021, either become admitted to practice before this Court under paragraphs (B), (B)(1), (E)(1) or (E)(2) of this Local Bankruptcy Rule or file with the Clerk an acceptable "Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1(E)(4)(a)" in accordance with Section 4 of the Continuing Practice Protocol (Exhibit 14 to these Local Bankruptcy Rules) (rescinded effective December 1, 2024). An attorney who has failed to timely comply with this subparagraph will not be permitted to practice before this Court, which includes, but is not limited to, the suspension of the attorney's CM/ECF privileges.

(i) An attorney who has lost the privileges to practice in this Court under subparagraph (E)(4)(b) of this Local Bankruptcy Rule may either apply for readmission in accordance with paragraphs (B) or (E)(1) of this Local Bankruptcy Rule or file with the Clerk an acceptable "Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1 (E)(4)(a)."

(c) All Other State or Local Government Attorneys: Effective November 16, 2020, all other state or local government attorneys must be admitted to practice before this Court under paragraphs (B), (B)(1), (E)(1) or (E)(2) of this Local Bankruptcy Rule or secure local counsel who is a member in good standing of the Bar of this Court.

(d) Attorneys Under Subparagraph (E)(4)(c) Who Have Appeared or Filed a Pleading in this Court Prior to November 16, 2020: To maintain the privilege to appear and practice before this Court, attorneys must become admitted to practice before this Court under paragraphs (B), (B)(1), (E)(1) or (E)(2) of this Local Bankruptcy Rule no later than January 8, 2021. An attorney who has failed to comply with this subparagraph will not be permitted to practice before the Court, which includes, but is not limited to, the suspension of the attorney's CM/ECF privileges.

(i) An attorney who has lost the privilege to practice in this Court under subparagraph (E)(4)(d) of this Local Bankruptcy Rule may apply for readmission in accordance with paragraphs (B) or (E)(1) of this Local Bankruptcy Rule.

(F) Filings and Appearances by Attorneys: Any attorney appearing before, or signing pleadings or filings other than a request for notices under FRBP 2002(g) with the Court, must be admitted or authorized to practice under paragraphs (B), (B)(1), (E)(1), (E)(2), (E)(4)(a)(i) or (E)(4)(a)(ii). Attorneys admitted pro hac vice or authorized to practice before the Court under (E)(3) or (E)(4)(a)(iii), must be accompanied at all hearings, pretrial matters, or trials by at least one attorney admitted or authorized to practice under paragraphs (B), (B)(1), (E)(1), (E)(2), (E)(4)(a)(i). Any attorney who signs a pleading or other filing with the Court will be held accountable for the case by the Court.

(G) Withdrawal of Appearance: No attorney who has entered an appearance in any case or proceeding shall withdraw as counsel except for cause, on order of the Court after reasonable notice to the party on whose behalf the attorney has appeared.

(H) Appearance at All Proceedings:

(1) Appearance by Counsel for the Debtor: Any attorney who is counsel of record for a debtor, or debtors, in a bankruptcy case must be present and appear at all Court proceedings involved in the case unless excused or given permission to withdraw, or unless counsel has filed a pleading stating that the debtor has no objection to, or does not oppose, the relief requested, or counsel has signed without objection an order resolving the motion, objection or application.

(2) Appearance by Other Counsel of Record: Any attorney who has filed a pleading in a bankruptcy case must be present and appear at all Court proceedings involving that pleading unless Counsel:

(a) has been excused by the Court;

(b) has been given permission to withdraw by order of the Court;

(c) has provided a notification of settlement in accordance with LBR 9013-1(P); or

(d) has provided opposing or another counsel appearing at the initial pretrial conference with available dates so that a trial date can be established.

(I) Professional Ethics: The ethical standards relating to the practice of law in this Court shall be the Virginia Rules of Professional Conduct now in force and as hereafter modified or supplemented ("Virginia Rules"). Nothing contained herein shall in any manner be construed as limiting the inherent authority and power of the Court to discipline, sanction, or hold in contempt attorneys who appear before it pursuant to 11 U.S.C. § 105, Federal Rule of Bankruptcy Procedure 9011, or otherwise, or providing an exclusive procedure for the discipline of attorneys who appear before the Court.

(1) Definitions: The following definitions apply:

(a) "Misconduct" means any act or omission by an attorney that violates the Virginia Rules. Such an act or omission constitutes misconduct regardless of:

(i) whether the attorney performed the act or omission individually or in concert with any other person or persons; or

(ii) whether the act or omission occurred in the course of an attorney client relationship.

(b) "Discipline" includes, but is not limited to, temporary or permanent suspension or disbarment from practice before the Court, or reprimand, censure, or such other disciplinary action as the circumstances may warrant, including but not limited to restitution of funds, imposition of monetary fines (whether payable to the Court or otherwise), satisfactory completion of educational programs, compliance with treatment programs, or community service.

(2) Imposition of Discipline: An attorney who commits or engages in Misconduct may be subject to the imposition of Discipline by the Court after notice of such Misconduct and an opportunity to be heard.

(3) Imposition of Discipline by Other Courts; Attorneys Convicted of Serious Crimes: All counsel admitted to practice before this Court pursuant to paragraphs (B), (C), (D), (E), or (F) shall be admitted subject to the rules, conditions, and provisions of the Federal Rules of Disciplinary Enforcement Rule I, Rule II and Rule III, a copy of which is appended as Exhibit 11 to these Local Bankruptcy Rules, except that any attorney disciplined or suspended, whether temporary or permanent, by the United States District Court for the Eastern District of Virginia shall be subject to the immediate imposition of the identical discipline in this Court.

(J) Courtroom Decorum: Counsel shall at all times conduct and demean themselves with dignity and propriety. When addressing the Court, counsel shall rise unless excused therefrom by the Court. All statements and communications to the Court shall be clearly and audibly made from a standing position at the attorneys' lectern facing the Court or the witness. Counsel shall not approach the bench unless requested to do so by the Court or unless permission is granted upon the request of counsel.

Examination of witnesses shall be conducted by counsel standing behind the lectern. Counsel shall not approach the witness except for the purpose of presenting, inquiring about, examining the witness with respect to an exhibit. Only one attorney for each party may participate in the examination or cross-examination of a witness.

(K) Third-Year Law Student Practice Plan: If the United States District Court for the Eastern District of Virginia has in effect any plan for third-year law student practice, the provisions of said plan apply equally to practice before this Court.

(L) Previous Practice Clause: All members in good standing of the Bar of the United States District Court for the Eastern District of Virginia as of September 30, 1979, shall be deemed to be members of the Bar of the United States Bankruptcy Court for the Eastern District of Virginia.

(M) Pro Bono Representation: An attorney representing a debtor who is a natural person on a pro bono basis – meaning that the attorney has not received and will not accept, either directly or indirectly, any payment in money, goods, or services in return for the attorney's services in that representation – shall not be deemed to receive "other consideration" based on that representation for purposes of determining whether the attorney qualifies as a "debt relief agency" under the Bankruptcy Code.

(N) Ghostwriting:

(1) Any attorney who prepares any document that is to be filed in this Court by a person who is known by the attorney, or who is reasonably expected by the attorney, to be proceeding pro se, shall be considered to have entered an appearance in the proceeding in which such document is filed and shall be subject to all rules that govern attorneys who have formally appeared in the proceeding.

(2) All litigants who are proceeding pro se shall certify in writing and under penalty of perjury that his or her pleadings or other filings have not been prepared by, or with the aid of, an attorney or shall identify any attorney who has prepared, or assisted in preparing, the document.

Each document filed with the court by a pro se litigant shall bear the following certification:

CERTIFICATION I declare under penalty of perjury that (Check one box):

☐ No attorney has prepared, or assisted in the preparation of this document.

or ☐ The following attorney prepared or assisted in the preparation of this document.

(Name of Attorney)

(Address of Attorney)

(Telephone Number of Attorney)

Name of Pro Se Party (Print or Type)

Signature of Pro Se Party Executed on: (Date)

Comments 2090-1(B) Revision required to conform with requested change to LBR 2090-1(D).

2090-1(D) Change to reflect the decision made by the Judges that attorney admissions do not have to occur in open court.

Paragraph E(3) is added to authorize Federal and State Attorney Generals and their assistants to appear and practice in this court in the performance of their official duties. [Changes effective 1/1/97]

2090-1(H) This change requires presence of counsel for both debtors and creditors at Court proceedings. [Change effective 2/1/00.]

2090-1(I) A reference to the Virginia Rules of Professional Conduct, which became effective January 1, 2000, has been substituted for the reference to the American Bar Association Canons of Professional Ethics and Virginia State Bar canons. [Change effective 3/1/01.]

2090-1 Paragraphs (B) and (F) of this Local Bankruptcy Rule have been amended to explicitly provide that an attorney must be and remain a member in good standing of the Bar of the Commonwealth of Virginia or the state in which the attorney is admitted. [Change effective 9/1/06.]

2090-1 Stylistic changes have been made to the text of the LBR. [Changes effective 12/01/09.]

2090-1(M) Paragraph (M) is new and has been added to provide a safe harbor for lawyers and law firms who routinely represent creditors exclusively that they will not become a "debt relief agency" if they provide representation to a debtor on a pro bono basis. Many firms have adopted policies that prohibit lawyers of the firm from representing individual debtors in consumer bankruptcy cases even on a pro bono basis. Thus many practitioners who would like to volunteer to participate in bankruptcy pro bono projects are prevented from doing so. This new rule provision seeks to encourage the participation of all lawyers in bar sponsored pro bono programs. [New paragraph (M) effective 10/13/14.]

2090-1 Paragraph (N) is new. This provision conforms to EDVA District Local Civil Rule 83.1(M) and bars a pro se litigant from having an attorney assist in the preparation of a filing with the Court unless that assistance is disclosed in writing. [New paragraph Effective 12/1/15.]

2090-1(I) The purpose of this amendment is two-fold: first, to provide a mechanism, where the circumstances so require, for the discipline of a member of the Bar of the United States Bankruptcy Court for the Eastern District of Virginia; and second, consistent with a like amendment to Local Civil Rule 83.1(L) and Local Criminal Rule 57.4(L) of the United States District Court for the Eastern District of Virginia, to implement presumptive reciprocal enforcement of another court's attorney disciplinary orders, including that of the United States District Court for the Eastern District of Virginia, as part of the reciprocal discipline process. [Change effective 03/15/18.]

2090-1(B), (E), and (F) Paragraphs (B) and (E) of this Local Bankruptcy Rule respectively have been amended to require that all members of the Bankruptcy Court Bar be members of the Bar of the United States District Court for the Eastern District of Virginia, or, if applicable, the Bar of the United States District Court for the Western District of Virginia. Paragraph (F) of this Local Bankruptcy Rule includes the new requirement that a member of the Bankruptcy Court Bar also must be a member of the Bar of the United States District Court for the Eastern District of Virginia, and be a member in good standing with both, in addition to other current requirements set forth therein. [Changes effective 09/01/19.]

2090-1(B), (C), and (E)(2), (3), and (4), (F), (H) and (I). Paragraphs (B) and (E)(2) of this Local Bankruptcy Rule are amended to: extend the referenced deadlines, incorporate by reference a Continuing Practice Protocol in a new Exhibit 14 to these Local Bankruptcy Rules, and make provision for a non-complying attorney to seek reinstatement to practice before the Court. A new subparagraph (E)(3)(d) addresses pro hac vice admittees. A new subparagraph (E)(4) changes the language pertaining to government attorneys to mirror more closely Local Civil Rule 83.1(D)(4) of the United States District Court for the Eastern District of Virginia. Deadline requirements are specified in this subparagraph (E)(4), as well. Paragraph (F) of this Local Bankruptcy Rule is amended to include government attorneys permitted to practice under subparagraph (E)(4)(a). A new "Certification of Qualifying Government Employment Under Local Bankruptcy Rule 2090-1(E)(4)(a)" form has been created, which is appended to the Continuing Practice Protocol in new Exhibit 14. Technical changes are made, as well.

2090-1 Principally, to conform to updated provisions set forth in Local Civil Rule 83.1 of the United States District Court for the Eastern District of Virginia, various modifications have been made to the following provisions within this Local Bankruptcy Rule: Subparagraph (E)(3)(a) and new (i)-(ii), new subparagraph (b) with text taken from subparagraph (a), redesignated and amended subparagraph (c), with text taken from subparagraph (a), redesignated and amended subparagraph (d), and subparagraphs (b) Adversary Proceedings, (c) Reopened Cases, and (d) Pro Hac Vice Admittees Prior to November 16, 2020, respectively are redesignated subparagraphs (e), (f) and (g); amended subparagraph (E)(4)(a); new subparagraph (E)(4)(a)(iii), amended header at subparagraph (b), and amended subparagraph (c), therein; amended paragraph (F); amended paragraph (I)(3); and amended paragraph (N)(2). Where used in this Local Bankruptcy Rule, the terms "endorsement" and "endorsed" have been deleted and the terms "signature" and "signed" appropriately have been inserted in their stead. [Changes effective 06/01/23.]

2090-1(E) This paragraph is amended to clarify that neither a response period nor a notice of motion is required for a motion for admission pro hac vice. [Changes effective 08/01/23.]

2090-1(H) This rule provision is amended to conform to the simultaneous amendments made to LBR 9013-1. [Change effective 08/01/23.]

2090-1(B) Subparagraph (B)(1)(a) is amended to provide that attorneys who have lost the privilege to practice in this Court due to their failure to comply with the Continuing Practice Protocol (Exhibit 14) may be readmitted in accordance with paragraph (B). Subparagraph (B)(1) is amended to reflect the recission of the Continuing Practice Protocol (Exhibit 14). Paragraph (B) is amended to clarify that its requirements apply to attorneys seeking readmission. Stylistic changes are made, as well. [Changes effective 12/01/24.]

2090-1(E)(1) This subparagraph has been amended to clarify that its requirements apply to attorneys seeking readmission. [Changes effective 12/01/24.]

2090-1(E)(2) Subparagraph (E)(2)(a) is amended to provide that attorneys who have lost the privilege to practice in this Court due to their failure to comply with the Continuing Practice Protocol (Exhibit 14) may be readmitted in accordance with paragraph (E)(1). Subparagraph (E)(2) is amended to reflect the recission of the Continuing Practice Protocol (Exhibit 14). Stylistic changes are made, as well. [Changes effective 12/01/24.]

2090-1(E)(3) Subparagraph (E)(3)(g)(i) has been amended to provide that attorneys admitted pro hac vice whose CM/ECF filing privileges were suspended due to their failure to comply with the Continuing Practice Protocol (Exhibit 14) may reinstate such limited filing privileges upon submission of the Pro Hac Vice Order of Admission. Conforming changes were made to subparagraph (E)(3)(g). Subparagraph (E)(3)(g) was also amended to reflect the recission of the Continuing Practice Protocol (Exhibit 14). Stylistic changes are made, as well. [Changes effective 12/01/24.]

2090-1(E)(4) Subparagraph (E)(4)(b)(i) is amended to provide that certain government attorneys who have lost the privilege to practice in this Court due to their failure to comply with the Continuing Practice Protocol (Exhibit 14) may be readmitted in accordance with paragraphs (B) or (E)(1) or by filing an acceptable "Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1(E)(4)(a)." Subparagraph (E)(4)(b) is amended to reflect the recission of the Continuing Practice Protocol (Exhibit 14). Subparagraph (E)(4)(d)(i) is amended to provide that all other government attorneys who have lost the privilege to practice in this Court due to their failure to comply with the Continuing Practice Protocol (Exhibit 14) may be readmitted in accordance with paragraphs (B) or (E)(1). Stylistic changes are made, as well. [Changes effective 12/01/24.]