S.D. Miss. Bankruptcy Court - ECF Docketing Guide
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Motion to Substitute Attorney

Rev. 03/27/2024

11. U.S.C. § 329(a)
Fed. R. Bankr. P. 2016(b)
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 to substitute counsel in a Chapter 11 case.

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

Note:  Pursuant to Miss. Bankr. L.R. 9010-1 the movant must serve the motion to substitute or 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.

Docket Events:

[Bankruptcy > Motions/Applications > Substitute Attorney]

[Adversary > Motions > Substitute Attorney]

Substituting Attorney for Party-in-Interest (Creditor) with Attorney in a Different Firm:

Requirements:

KMS Cases

JAW Cases

Motion with Certificate of Service

Motion with Certificate of Service

Set for Hearing when the motion or proposed order is not signed by the original attorney and substituting attorney.

Set for Hearing when the motion or proposed order is not signed by the original attorney and substituting attorney.

Proposed Order

Proposed Order

Substituting Attorney for Party in Interest (Creditor) with Attorney in the Same Firm

Requirements:

KMS Cases

JAW Cases

Motion with Certificate of Service

Motion with Certificate of Service

Set for Hearing when the original and substituting attorney does not sign the motion or proposed order.

Set for Hearing when the original and substituting attorney does not sign the motion or proposed order.

Proposed Order

Proposed Order

Substituting Attorney for the Debtor with Attorney in a Different Firm

Requirements:

KMS Cases

JAW Cases

Motion with Certificate of Service

Motion with Certificate of Service

Set for Hearing when the debtor, original and substituting attorney does not sign the motion or proposed order.

 Set for Hearing when the debtor, original and substituting attorney does not sign the motion or proposed order.

Proposed Order

Proposed Order

Substituting Attorney for Debtor with Attorney in the Same Firm

KMS Cases

JAW Cases

Motion with Certificate of Service

Motion with Certificate of Service

Proposed Order

Proposed Order

The original and substituting attorney must sign either the motion or the proposed order.

To file an Amended Motion to Substitute Attorney

  1. File the amended motion using the above docket event; and
  2. Select "Amended" from the prefix drop-down list.

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U.S. Bankruptcy Court  ●  Southern District of Mississippi