Notice of Substitution of Attorney
(Same Law Firm)

Last Updated: April 1, 2013

Substitution of Attorney from same law firm:

Filing Requirements:

  • Notice of Substitution of Attorney signed by both attorneys.

  • Proof of Service

  • No proposed order necessary.

See also Motion to Withdraw as Attorney and Motion for Substitution of Attorney (Different Law Firm).

Practice Pointers:

  • Debtor's New Attorney:  If the substitution is in a chapter 11 or chapter 12 case, the new attorney shall file an affidavit as the professional to be employed, as required by Fed.R.Bankr.P. 2014(a).

  • Debtor's New Attorney:  Promptly file a Disclosure of Compensation of Attorney pursuant to 11 U.S.C. Section 329(a) and Fed.R.Bankr.P. 2016(b).  

  • 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.  


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy > Notices].

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

  4. Select [Notice of Substitution of Attorney] from the event list.

  5. Select the party filer.

  6. Checkmark attorney/party association.

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

    Note: Supporting documents and Proof of Service may be added as attachments to this document.

  8. Insert name of new attorney and name of attorney to be removed. Click [Next].

  9. Modify the text as appropriate.

  10. 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.

 

 

 

 

 

 

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)