Local Rule 2090-1: ADMISSION TO BANKRUPTCY PRACTICE AND ATTORNEYS OF RECORD

Rule 2090. ATTORNEYS - ADMISSION TO PRACTICE 2090-1. ADMISSION TO BANKRUPTCY PRACTICE AND ATTORNEYS OF RECORD [Former Rule 2 A thru F; Former Rule 3 A thru E]

A. Prior Admission. A person admitted to practice in the United States District Court for the Western District of New York before October 1, 1979, is admitted for bankruptcy practice in the Western District of New York. A person subsequently admitted to bankruptcy practice under prior local bankruptcy rules is admitted for bankruptcy practice in the Western District of New York.

B. Who may apply. A person admitted to practice before the United States District Court for the Western District of New York.

C. Verified Petition. Each applicant for admission shall file with the Clerk of the Bankruptcy Court a verified petition for admission stating:

(1) Applicant's residence and office address;

(2) That the applicant has been admitted to practice before the United States District Court for the Western District of New York and the date of said admission;

(3) That the applicant has read and is familiar with:

(a) The provisions of Judicial Code 28 U.S.C., section 1334, sections 151 through 158, and sections 1408 through 1412, and section 1452, which pertain to jurisdiction over and venue of bankruptcy cases, proceedings and matters.

(b) The Bankruptcy Code, Title 11 U.S.C.;

(c) The Federal Rules of Bankruptcy Procedure;

(d) The Local Rules of Bankruptcy Procedure for the Western District of New York.

D. Other Admission Prerequisites. Upon the filing of the aforesaid verified petition, taking of the oath, and signing of the attorneys' roll, a person shall be admitted for bankruptcy practice and the Clerk shall issue a certificate to that effect.

E. Admission Pro Hac Vice. An attorney duly admitted to practice in any state, territory, district, or foreign country may be admitted pro hac vice to participate in a bankruptcy case or proceeding before the District or Bankruptcy Court under such terms or conditions as may be appropriate.

F. Government Attorneys. An attorney duly appointed to represent the United States is permitted to appear on any matter within the scope of his or her employment.

G. Only members admitted under LBR 2090 may represent a debtor, be approved for employment as counsel in a bankruptcy case, or appear before the District or Bankruptcy Court in the litigation of adversary proceedings and contested matters.

H. An attorney who has not obtained District or Bankruptcy Court approval to represent a party when required by Bankruptcy Codes and Rules may not appear in representation of that party.

I. An attorney who accepts employment by a debtor in connection with the filing of a case under Title 11, United States Code, has the duty to render complete and competent service, to file with the Court a statement disclosing all payments rendered from a debtor or debtor-in-possession, and may not withdraw from that undertaking without the permission of the District or Bankruptcy Court.

J. Applications to approve employment as attorney of record (whenever Court approval of such employment is required by statute or rule) must include the following:

(1) an application, signed by the party seeking to retain counsel, which sets forth the reason this attorney should be hired, the services this attorney will provide, the arrangements reached with regard to when and how the attorney will be paid, the prior relationship between the applicant and the attorney, and the fact that no fees are to be paid unless and until there is specific Court approval;

(2) an affidavit from the attorney setting forth when he or she was admitted to practice in New York State and to bankruptcy practice in the Western District of New York, his or her qualifications; a statement of disinterestedness sufficient to persuade the Court that there is no conflict of interest; attorney's prior relationship with the debtor-client and the date upon which the petition was filed;

(3) an Order appointing counsel which clearly sets forth that no fees are to be paid without Court approval and the date from which the appointment is effective.

K. An attorney who seeks an order approving employment may do so ex parte unless the initial post-petition services date back more than thirty (30) days. The attorney otherwise shall file a motion and notice all parties in interest of the motion and hearing date. The attorney must submit the application and notice to the Clerk of the Bankruptcy Court and obtain approval that they are adequate as to form and content before mailing the notices. The attorney shall prepare and mail such applications, unless the Court orders otherwise.