Motion to Withdraw as Attorney

Last Updated: April 1, 2013

If an attorney wishes to withdraw as counsel for debtor or party and the debtor or party has not retained a substitute attorney, the withdrawing attorney shall file a motion to withdraw. The attorney seeking to withdraw is not relieved of his or her duties until the court has granted the motion to withdraw.

Filing Requirements:

  • Motion to Withdraw as Attorney

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

  • Proof of Service

  • Proposed Order  Instructions.

See also Motion for Substitution of Attorney and Notice of Substitution of Attorney.

Practice Pointers:

  • The motion shall include a statement regarding whether any fees are owed but not yet paid.

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


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy > Filed by Atty - (Misc)].

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

  4. Select [Withdraw As Attorney] from the event list.

  5. Enter a "y or n" if the notice and proof of service are included with the motion.

    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.

  6. Enter date served.

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

  8. Modify the text as appropriate.

  9. 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.

  10. Submit proposed order.  Instructions.

 

 

 

 

 

 

11 U.S.C.:

 

FRBP:  2016

 

Local Rule 9010-2(C)

 

USDC-DND Local Rule 1.3(F)