Motion for Substitution of Attorney

Last Updated: April 1, 2013

Substitution of attorney from different law firms:

Filing Requirements:

  • Motion for Substitution of Attorney

  • Notice of Motion with 14 day objection period.  Notice is sent to interested parties.

  • Proof of Service.

  • Proposed Order Instructions.

Practice Pointers:

Debtor's New Attorney (all chapters):   Promptly file a disclosure of compensation pursuant to 11 U.S.C. § 329(a) and Fed.R.Bankr.P. 2016(b).  See Disclosure Form 203

Debtor's New Attorney (chapter 11 or chapter 12):  The new attorney shall file an application for employment under 11 U.S.C. §327 and an affidavit as the professional to be employed, as required by Fed.R.Bankr.P. 2014(a).

Former Attorney:  In a chapter 11, 12, or 13 case, file an application for compensation and notice under Fed.R.Bankr.P. 2016(a) for fees incurred in connection with the case that have not yet been allowed. See Application for Compensation.

See also Motion to Withdraw as Attorney and Notice of Substitution of Attorney (same law firm).


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Substitute Attorney] from the event list.

  5. Skip the Joint Filing screen.

  6. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Enter a "y or n" if the Notice and Proof of Service are included with the motion.

  8. Insert name of new attorney and insert name of attorney to be removed; click [Next].

  9. Enter date served.

  10. Accept last day to objection; click [Next].

  11. Browse to select the Motion (.pdf file).

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF. Supporting documents and Proof of Service may be added as attachments to this document.

  12. Modify the text as appropriate.

  13. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  14. Submit proposed order.  Instructions.

 

 

 

 

 

 

11 U.S.C.: 327 and 329(a)

FRBP: 2014(a) and 2016

 

Local Rule 9010-2(C)

USDC-DND Local Rule 1.3(F)