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Admission to Practice

 

Local Rule 83.5 of the United States District Court for the District of Minnesota governs admission to practice before the United States Bankruptcy Court for the District of Minnesota.  Once admitted to practice before the District Court, an attorney is also authorized to practice before the Bankruptcy Court.  The Bankruptcy Court does not have or require a separate admission process. 

An attorney not admitted to practice before the District Court may not appear or participate in any hearing or trial before the Bankruptcy Court except (1) on the attorney’s own behalf; or (2) as otherwise authorized in District Court Local Rule 83.5. See also Local Rule 9010-1. 

I.   Admission Procedures

Please refer to the District Court’s Attorney Admission Information webpage about the process for information about admission to the District Court’s bar.  

Please note that government attorneys who are representing the United States or its officers or agencies must follow the District Court admission procedures for U.S. government attorneys. See District Court Local Rule 83.5(e).  

II.   Pro Hac Vice Admission Procedures

An attorney who does not represent the United States or its officers or agencies, who resides outside Minnesota and who is not admitted to practice before the Supreme Court of Minnesota may appear before the Bankruptcy Court only if admitted pro hac vice using the Application for Admission Pro Hac Vice form accompanied by the appropriate fee.  In order to be admitted pro hac vice, the non-resident attorney must be a member in good standing of the bar of another federal district court and must associate with an active member in good standing of the bar of the United States District Court for the District of Minnesota.  The associating attorney must participate in the preparation and presentation of the case, must accept service of all documents, and must be a Minnesota resident, unless the court, upon motion, orders otherwise.  See District Court Local Rule 83.5(d).

III.   Non-Attorney Representatives

       A.   Proof of Claim Filers:

It is not necessary to be an attorney admitted to practice before the District Court to file a proof of claim with the Bankruptcy Court.  A creditor representative may file a proof of claim.

       B.   Law Students:

Second-, third- and fourth-year law students enrolled in an American Bar Association-accredited law school may also appear before the Bankruptcy Court upon submission by a supervising attorney of the Student Practice Certification and Notice of Appearance of Student Attorney.  See District Court Local Rule 83.8 and Local Rule 9010-1(b) for more information.