Local Rule Rule 9010-1: Representations and Appearances; Authority to Act Personally or by an Attorney; Powers of Attorney.

Rule 9010-1. Representations and Appearances; Authority to Act Personally or by an Attorney; Powers of Attorney.

(b) Attorney's Notice of Appearance.

(1) Pro Hac Vice.

A non-resident attorney who is not a member of the Mississippi Bar and is not authorized to practice before the Mississippi Supreme Court and is not admitted to practice in the United States District Courts for the Northern or Southern Districts of Mississippi may apply to be admitted pro hac vice by comity to practice in a particular civil action in the court upon compliance with the following conditions:

(A) File Certificate.

The applicant must submit with the motion for pro hac vice admission a certificate from the United States District Court or the highest state court of the applicant's jurisdiction, showing that the applicant is duly authorized to practice in and is in good standing with that court.

(B) Association and Duties of Local Counsel.

The applicant must associate a member of the bar of the court in the particular bankruptcy case for which the applicant seeks admission. The initial motion shall be filed by an attorney admitted to practice before the court. Local counsel associated with an attorney admitted pro hac vice must comply with the Association and Duties of a Resident Attorney provision (L. U. Civ. R. 83.1(d)(3)) of the Local Uniform Civil Rules of the United States District Courts for the Northern District and the Southern District of Mississippi.

(C) Certification of Familiarity with Local Rules.

The applicant must certify that the applicant has read and is familiar with the Uniform Local Rules of the United States Bankruptcy Courts for the Northern and Southern Districts of Mississippi.

(2) Exceptions to Requirement of Pro Hac Vice Admission.

(A) For Attorneys.

An attorney is not required to be admitted pro hac vice in order to:

(i) File an entry or notice of appearance An attorney may file an entry of appearance or notice of appearance and request for service without being admitted pro hac vice and such an attorney will be added to the mailing list to receive such notices and must receive copies of all documents required to be served on all creditors and parties in interest pursuant to Fed. R. Bankr. P. 2002, unless otherwise ordered by the court. Any entry of appearance or notice of appearance filed with the clerk must be served upon the debtor, the trustee, the United States Trustee, and any entity having previously filed a notice or entry of appearance.

(ii) File a proof of claim

(iii) Attend the section 341 meeting of creditors; and

(iv) File a ballot in a chapter 11 case.

(B) Pro Se Individuals.

An individual may represent himself or herself in any bankruptcy case.

(C) Corporations or Other Business Entities.

A corporation, partnership, trust, or other business entity, other than a sole proprietorship, may appear and act without counsel in a case or proceeding before this court only for the following purposes:

(i) File a proof of claim;

(ii) Attend the section 341 meeting of creditors;

(iii) File a ballot in a chapter 11 case; or

(iv) File a reaffirmation agreement.

For all other purposes, such entity may appear and act only through an attorney.

(D) Government Attorneys.

Any attorney not admitted in the bankruptcy court or district court but who is admitted and is in good standing in another United States District Court may appear representing the United States (or any department, agency, or employee thereof) or any state, county or municipality (or any department, agency, political subdivision or employee thereof) may appear and participate in particular cases, actions or proceedings before the court on behalf of such entity in the attorney's official capacity, and any attorney so appearing is subject to all of the rules of the court.

(E) Child Support Creditors or Their Representatives.

Child support creditors or their representatives shall be permitted to appear and intervene without charge, and without meeting any special local court rule requirement for attorney appearances, in any bankruptcy case or proceeding in any bankruptcy court or district court of the United States if such creditors or representatives file a form in such court that contains information detailing the child support debt, its status, and other required information characteristic.

(3) Filing of Pleadings.

When a party appears by attorney, every pleading or paper filed on behalf of the represented party shall be signed by at least one attorney of record in the case, which may include any attorney admitted pro hac vice.

(4) Access to Case Management – Electronic Case Filing System.

(A) Suspension of Access – Lack of Authorization to Appear.

The clerk may suspend access to the CM/ECF system upon receipt of notification that an attorney is not authorized to appear or act in this court. The clerk may give notice to parties in affected cases when an attorney's access to the system has been suspended.

If such attorney or other registered user subsequently becomes qualified to appear in this court, such party may be required to reapply by registering as a CM/ECF user under Miss. Bankr. L.R. 5005-1. Such registration by an attorney will require a certification that such attorney is in good standing with the state bar and this court.

(B) Cross-Certification.

The clerk may establish procedures for cross-certifying attorneys from other jurisdictions for the use of and access to the Case Management – Electronic Case Filing (CM-ECF) system for any case in which such attorneys are appearing.

(5) Substitution; Withdrawal.

(A) Substitution.

If a party in an adversary proceeding or a debtor in any case wishes to substitute attorneys, a substitution of counsel document signed by the original attorney, if available, and the substituted attorney shall be filed. If a trustee, debtor or official committee wishes to substitute attorneys or any other professional whose employment was subject to approval by the court, a motion for retention of the new professional must also be filed.

(B) Withdrawal.

When an attorney enters an appearance in a bankruptcy case or an adversary proceeding, the attorney shall remain as counsel of record until released by order of the court. An attorney may be released only on motion duly noticed to all parties, including the client, together with a proposed order authorizing counsel's withdrawal. The Notice to one's client shall be by first class mail addressed to the client's last known address.

(C) Service.

Substitutions and motions for withdrawal under this local rule shall be served as follows:

(i) in an adversary proceeding, on all parties to the proceeding; and

(ii) in a bankruptcy case, on the debtor, the United States Trustee, the case trustee and all affected parties, unless otherwise ordered by the court.

(D) Effect of Failure to Comply.

Until an Order is entered allowing the substitution or withdrawal under sections (a) or (b) above, the original attorney remains the client's attorney of record.