NOTICE REGARDING SPECIAL APPEARANCES UNDER L.B.R. 9010-1(c)

Release Date: 
Thursday, May 12, 2011

Click here for full document

 


NOTICE REGARDING SPECIAL APPEARANCES UNDER L.B.R. 9010-1(c)

Local Bankruptcy Rule 9010-1(c) requires an attorney whose appearance at a particular hearing or a meeting of creditors is made at the request of the debtor’s attorney of record to file, prior to such appearance, a written notice of special appearance and a completed form "Statement of Attorney for Debtor Under F. R.Bankr. P. 2016(b)." It has come to the Court’s attention that recently a number of attorneys have appeared at hearings or meetings of creditors without fully complying with this local rule. This local rule has two requirements. First, the attorney making the special appearance must file a written notice of special appearance. Second, the attorney making the special appearance must file a completed Rule 2016(b) statement. The notice of special appearance must be signed by the attorney making the special appearance. The completed Rule 2016(b) statement must be signed both by the attorney making the special appearance and by the debtor. Both of these papers must be filed prior to making the special appearance at the hearing or the meeting of creditors.

Please take notice that, effective May 23, 2011, if an attorney makes a special appearance on behalf of the debtor’s attorney of record without complying with L.B.R. 9010-1(c), the Clerk will issue a deficiency notice. The deficiency notice will provide seven days in which to fully comply with L.B.R. 9010-1(c). Failure to fully comply within the seven days provided by the deficiency notice will result in the entry of an order requiring the attorney making the special appearance to appear at a hearing to show cause why the Court should not disallow any compensation for such attorney and/or impose additional remedies.