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RULE 3.
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ATTORNEY PRACTICE BEFORE
U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY |
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3.1 |
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Eligibility of Attorney ( 2090-1) |
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An attorney is eligible to
practice before this Court: |
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a. who has been admitted
to practice before the United States District Court for the
Western District of Kentucky, |
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b. who is
in good standing with that Court; |
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c. who
is of good moral and professional character; and |
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d. who adheres to all
applicable rules. |
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3.2 |
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Conflicting
Engagements ( 5070-1) |
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It is the professional
responsibility of attorneys: |
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a. to avoid setting conflicting
engagements in the courts; |
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b. to inform the
Court of expected difficulties or
conflicts which may arise; |
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c. to achieve the resolution of such conflicts or problems at the earliest
possible time; and |
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d. to carry with them at all times they are in Court a calendar of
their future court appearances. |
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3.3 |
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Practice of Law, Defined |
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Practice of law does not
include questioning debtors at a meeting of creditors or the
filing of claims. "Practice of law" includes, but is
not limited to: |
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a. preparing and filing papers, such as complaints, petitions, applications and
motions; and |
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b. questioning witnesses
in proceedings before the Bankruptcy Judge, and pursuing or
defending any action of any nature in this Court; and |
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c. pursuing or defending
any action of any nature in this Court. |
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3.4
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Representation of Corporations, Partnerships and Other Business
Entities
(1074-1) |
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All partnerships, corporations and other business
entities -- other than an individual conducting business as a sole
proprietorship -- that desire to appear in cases or
proceedings before this Court must be represented by an attorney duly admitted to
practice before this Court. |
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3.5 |
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Pro Hac Vice Admission
( 2090-1) |
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a. Licensed attorneys who are not admitted to
practice before the Western District of Kentucky may be permitted by the Court to
appear pro hac vice from time to time in a
case or proceeding, by filing a motion and a certificate of service evidencing service
of the motion and order upon counsel for the adverse
party, the trustee, and the U.S. Trustee.
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b. A motion requesting
pro hac vice admittance must specifically recite that
the movant is familiar with and will comply with the Bankruptcy Code, the Bankruptcy Rules, and these
Local Bankruptcy Rules. |
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c. An attorney appearing
pro hac vice must also have local counsel as required in
Rule 3.7. |
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3.6 |
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Exceptions to Representation by an Attorney ( 9010-1) |
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The following exceptions to representation by an
attorney apply: |
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a. an individual may represent him
or herself; that is, an individual may appear pro se;
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b. an individual may represent an unincorporated business if that
individual is the sole proprietor of that business; and
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c. an individual may represent a creditor or any other entity at a
meeting of creditors.
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3.7 |
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Designation of Local Counsel |
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Unless otherwise ordered by the Court, all
parties, except those appearing pro se, must be represented of record by
a member of the Bar who has an office in this
state. |
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a. For computation of time purposes,
service of papers upon local counsel will constitute service
within the meaning of Fed.R.Bankr.P. 7005(b). It is the responsibility of local
counsel to then immediately serve copies of the papers upon
other counsel or record.
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b. Local counsel must be sufficiently
informed to answer status queries of the Court and to appear and
adequately represent the client at any hearings before the Court, even on short notice and in the
absence of co-counsel
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c. The U.S. Attorney
General is not required to designate local counsel. |
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3.8 |
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Attorney of Record (9010-1) |
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Unless otherwise permitted by Court, an attorney
will be deemed to be an attorney of record in all actions by: |
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a. filing an entry of appearance;
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b.
making an in-court appearance on behalf of a party and
thereafter filing an entry of appearance; or
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c. signing a pleading as attorney for a
party.
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3.9 |
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Extent of an Attorney's Duty to Represent. ( 9011-1) |
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a. Any attorney who files a bankruptcy petition for or
on behalf of a debtor will remain the responsible attorney of record for all purposes including the representation of the
debtor in all proceedings that arise in conjunction with the case. |
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b. An attorney is relieved
of his or her duties when the
debtor's case is closed, or when the attorney is specifically relieved after notice and a
hearing upon motion and order of this
Court. |
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c. Notice of any debtor's attorney's motion to withdraw from a case or proceeding
will be served upon
the matrix, U.S. Trustee and Panel Trustee by
said attorney unless otherwise ordered. |
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