Motion to Substitute Attorney - Chapter 11

Rev. 01/18/2024

11. U.S.C. § 329(a)
Miss. Bankr. L.R. 9010-1(b)(5)

A party-in-interest may file a Motion to Substitute Attorney when the party seeks to change attorneys.

Click here for information regarding filing an "Amended" Motion to Substitute Attorney/Counsel.

When substituting the debtor's attorney with an attorney from a different law firm, new counsel must file a disclosure of compensation.

Note: Pursuant to Miss. Bankr. L.R. 9010-1 the movant must serve a motion to substitute counsel or a motion to withdraw as counsel as follows:

Adversary proceeding - on all parties to the proceeding
Bankruptcy case (unless otherwise ordered by the court) on the debtor, the United States Trustee, the case trustee, and all affected parties.

Substitute Debtor's Attorney

Docket Event:

[Bankruptcy > Motions/Applications > Substitute Attorney]

Requirements:

KMS Cases	JAW Cases
Motion with Certificate of Service	Motion with Certificate of Service
Proposed Order	Proposed Order

Note: When substituting the debtor's attorney, the motion or proposed order must contain the signatures of the debtor, original attorney, and substituting attorney. If any signatures are missing, the attorney must explain within the motion.

Substitute Creditor or Party-in-Interest's Attorney

Docket Event:

[Bankruptcy > Motions/Applications > Substitute Attorney]

Requirements:

KMS Cases	JAW Cases
Motion with Certificate of Service	Motion with Certificate of Service
Affidavit of substituting attorney	Affidavit of substituting attorney
Proposed Order	Proposed Order

Note: When substituting an attorney for a party in interest (creditor) - the motion or proposed order must contain the signatures of the original and substituting attorney.

Substitute Unsecured Creditor's Committee Attorney

Docket Event:

[Bankruptcy > Motions/Applications > Substitute Attorney]

Requirements:

KMS Cases	JAW Cases
Motion with Certificate of Service	Motion with Certificate of Service
Affidavit of substituting attorney	Affidavit of substituting attorney
Proposed Order	Proposed Order

Note: When substituting an attorney for the unsecured creditor's committee, the motion or proposed order must contain the signatures of the original attorney and the substituting attorney. The substituting attorney must file a fee disclosure.