Stipulation to Substitute Attorney (same firm)
11 U.S.C. Events: Multiple Cases: [Bankruptcy > Multi Case Docketing > Firm Substitution of Attorney (FRBP 2014)] Single Case: [Bankruptcy > Motions/Applications > Substitute Attorney (Stipulation)] |
To substitute new counsel from the same firm (for one or more cases) a Stipulation must be filed with the Court.
- The Stipulation must be signed by both the outgoing and incoming attorneys when possible.
- No court order is required if the attorneys are from the same firm.
- Debtor's counsel substitutions: It is the substituting attorney's responsibility to notify the debtor.
Substituting Counsel in Multiple Cases:
- Event is limited to a single two-party substitution per case. (1 Outgoing Attorney: 1 Incoming Attorney)
- A single Proof of Service, listing all affected debtors or cases, must accompany the stipulation.
Note: For substitutions involving attorneys from different firms, refer to Motion/Stipulation to Substitute Attorney (different firm) instructions.
Filing Requirements:
For Multiple Cases:
- Stipulation to Substitute Attorney
- Proof of Service with list of affected debtors/cases
For a Single Case:
- Stipulation to Substitute Attorney
- No Proposed Order or Proof of Service required
To File Electronically:
FOR MULTIPLE CASES
- Log into CM/ECF.
- Select [Bankruptcy > Multi Case Docketing].
- Enter each case number in a separate field.
- Type in a case number (e.g, xx-xxxxx)
- Click "Find This Case"
- Repeat for each additional case. Once finished, click Next.
- From the event list select [Firm Substitution of Attorney (FRBP 2014)]
- Enter the names of both the Incoming and Outgoing Attorneys.
-
Browse and Upload the PDF file(s):
- Stipulation
- Proof of Service (Including a list of affected debtors/cases)
- Search for and select the Incoming Attorney. If the party is not listed, click on Add/Create New Party.
- Select the filing party (debtor or creditor).
- Complete Attorney Selection.
Note: If prompted with the Attorney/Party Association screen, confirm you party selection and check the box to create the association. - Review the final docket text. If correct, click [Next] to submit your document(s).
Note: A Notice of Electronic Filing (NEF) will be generated and sent to all registered case participants.
FOR SINGLE CASE
- Select [Bankruptcy > Motions/Applications > Substitution of Attorney (Stipulation)]
- Select the Filing Party. If the party is not listed, click on Add/Create New Party.
Note: If prompted with the Attorney/Party Association screen, confirm you party selection and check the box to create the association. -
Browse and Upload the PDF file(s):
- Motion/Stipulation
- Enter the Incoming Attorney's name in the text box provided.
- Select the Filing Party (debtor or creditor).
- Review the final docket text. If correct, click [Next] to submit your document(s).