Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

PART IX. GENERAL PROVISIONS

RULE 9010-1 ATTORNEYS

A. Bankruptcy Court Bar. The bar of this court shall consist of those attorneys who may practice before, and are in good standing with, the United States District Court for the Western District of Oklahoma, provided the attorney’s state bar number is provided to the Clerk of the District Court.

B. Entry of Appearance Required. An attorney appearing for a party in a case or proceeding must enter an appearance by signing and filing an entry of appearance or a Document.

C. Withdrawal of Counsel. Counsel may be permitted to withdraw only upon leave of Court after the filing of a motion and service thereof on the client and all other interested parties. Withdrawal may be conditioned upon counsel receiving papers for forwarding to the former client, as the Court may require until there is an appearance by other counsel or pro se. Withdrawal shall be permitted by application and order only where another attorney in the same or a different law firm has previously entered an appearance in the case or proceeding on behalf of the client and the client consents to the withdrawal.

D. New Counsel. In the event a party changes, adds or substitutes counsel, new counsel must enter an appearance. It is the obligation of new counsel to inform the Clerk of his or her appearance in accordance with subsection B above.

E. Representation of Artificial Entities. All Documents filed subsequent to the petition on behalf of a corporation, partnership, limited liability corporation or partnership, or other artificial entity must be filed by an attorney qualified to practice before this Court pursuant to Local Rule 9010-1.A.

F. Scheduling Conflicts. The Bankruptcy Court has adopted the Guidelines for Resolving Scheduling Conflicts with Oklahoma Courts as set forth in the General Order of the Court of Appeals of the Tenth Circuit dated May 21, 1998, (http://okwb.uscourts.gov/general_orders.asp).

G. Attorneys Appearing Pro Hac Vice. The procedure for admission pro hac vice in any case or proceeding in this Court is:

1. A written motion to appear pro hac vice must be filed with the Court either electronically (by an attorney certified to file electronically with this Court) or in paper format. A completed request for admission pro hac vice form (promulgated by the District Court) with an original, not electronic, signature must be attached to the motion when filed.

2. Contemporaneously with filing the motion to appear pro hac vice, the movant shall either upload a proposed order authorizing pro hac vice appearance electronically or submit a proposed order to the assigned judge.

3. The movant shall deliver to the Clerk of this Court a check made payable to the District Court for the necessary admission fee.

4. Admission to practice in a bankruptcy case shall also serve as admission to practice in any and all adversary proceedings filed in the bankruptcy case, as well as any jointly administered or consolidated cases.

5. An attorney appearing pro hac vice is required to associate with local counsel as required by LCvR 83.3 of the Local Rules of the United States District Court for the Western District of Oklahoma.

6. Non-local attorneys seeking pro hac vice admission in a case may send Documents to the Court Clerk for manual filing while awaiting entry of an order admitting them pro hac vice and pending completion of requirements to become an ECF System user.

H. Address Change. An attorney must notify the Court and all parties in interest in every pending case and adversary proceeding in which the attorney has appeared, of any change in physical or mailing address and email address by filing and serving in accordance with Local Rule 9007-1, a notice of address change in each such case and proceeding. Address changes shall not be accepted or effected by any other means.

I. Compliance with Local Rules and ECF Guidelines. Attorneys and their staff are expected to be well versed in the contents and application of, and to have appropriate technology in their offices to permit compliance with, the Local Rules and the ECF Guidelines. Documents filed with the Court which do not comply with the Local Rules and the ECF Guidelines may be stricken without notice and without time to correct the deficiency(ies) at the Court’s discretion. Repeated failure by attorneys and/or their staff to comply with the Local Rules and the ECF Guidelines shall result in the suspension of the subject attorney’s privilege to practice before this Court until sufficient remedial training has been undertaken to the satisfaction of the Court.