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Procedure for Filing a Statement of Visiting Attorney and Designation of Local Counsel for Bankruptcy Matters in the District Court

Attorneys admitted to practice in the United States District Court for the Southern District of West Virginia (District Court) are also admitted to practice before the United States Bankruptcy Court for the Southern District of West Virginia (Bankruptcy Court).

Effective January 1, 2013, visiting attorneys not admitted to practice in the District Court who wish to appear or be listed as counsel of record in the Bankruptcy Court were required to first qualify for admission in the District Court under SDWV LR Civ Pro 83.6.

The visiting attorney who wishes to make an appearance in the Bankruptcy Court must:

The District Court will maintain a miscellaneous shell case in the CM/ECF filing system in which a visiting attorney in Bankruptcy Court may file the completed Statement of Visiting Attorney and Designation of Local Counsel for Bankruptcy Matters. The District Court will then notify the Bankruptcy Court when a statement has been filed and the pro hac vice admission fee (if required) has been remitted.

Instructions

  1. Complete the Statement of Visiting Attorney and Designation of Local Counsel for Bankruptcy Matters;
    • Include electronic signatures of the visiting attorney and local counsel
    • Save/print the statement to PDF
  2. File the statement via the District Court CM/ECF system as follows:
    • Access the District Court CM/ECF system by clicking here. When the District Court login screen displays, click 'Log in to the Southern District of West Virginia CM/ECF Filing System'.
    • Login using your PACER account at the PACER login screen. If you don't have E-File privileges, click here for information on obtaining rights.
    • Once logged in, select 'Civl' from the main menu at the top of the screen. At the 'Civil Events' menu, select the 'Bankruptcy Pro Hac Vice Admission' option.
    • Select 'Statement of Visiting Attorney - BANKRUPTCY ATTORNEY'. 
    • To attach the completed statement, click 'Browse', find the document on your computer and select 'Next'.
    • Enter both the visiting attorney and local attorney names in the appropriate places and select 'Next'.
    • Enter the debtor's name and the case number of the bankruptcy case in which the visiting attorney is making an appearance. If an adversary proceeding is involved, enter its short style and case number. Once all appropriate information has been entered, select 'Next'.
    • If you answered 'Yes' to filing on behalf of the USA, an informational screen displays advising that a Notice of Electronic Filing will not be generated. Select 'Next' and review the docket text as it displays on the screen. If correct, select 'Next' to move to the docket commitment screen. Select 'Next' on the commitment screen to submit the entry and file the Statement of Visiting Attorney and Designation of Local Counsel for Bankruptcy Matters. 
    • If you answered 'No', select 'Next' at the information screen displaying the fee amount, to be taken to PACER. If asked, login again using your PACER account.
    • Complete the payment screen (enter information in all required fields, indicated with an *), then select 'Next'. You must return to CM/ECF to commit the docket entry in order to complete the proces.
    • Once back in CM/ECF, review the docket text display on the confirmation screen. If a fee was remitted, payment information will be included, and if a filing was made on behalf of the USA, that information will be included. Select 'Next' on the commitment screen to submit the entry and file the Statement of Visiting Attorney and Designation of Local Counsel for Bankruptcy Matters.