Sunday, June 16, 2019

There are new procedures governing admission to practice before the United States Bankruptcy Court for the Southern District of New York.

The United States Bankruptcy Court for the Southern District of New York requires that attorneys practicing before the Court be admitted to practice before the Court.

The United States Bankruptcy Court for the Southern District of New York allows admission pro hac vice.  Pro hac vice admission is a practice in common law jurisdictions allowing attorneys who have not been admitted to practice in a jurisdiction to participate in a particular case in the jurisdiction.

The procedures governing pro hac vice admission in the District have changed.  On June 13, 2019, the Court sent an email describing the new procedures to attorneys who are admitted to practice before the Court, which I received because I am an attorney admitted to practice before the Court.  

These new procedures do not apply to individuals who are not attorneys who are proceeding pro se (on behalf of themselves without counsel).  

It is good to know about the new procedures, for planning purposes.  This is because admission to practice before the United States Bankruptcy Court for the Southern District of New York cannot be achieved instantaneously.  So, without planning, an emergency can present such as counsel having a time sensitive bankruptcy court filing ready and being unable to make it electronically.  This scenario can result in losing a case or needing to take remedial measures that are complicated and costly. 

On the other hand, achieving admission and electronic filing privileges in advance of a filing typically leads to a productive and pleasant filing experience.

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