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, (2) on behalf of the United States or its officers or agencies, or (3) unless admitted pro hac vice or as an eligible law student. See Local Rule 9010-3(a).
I. Requirements for Admission
A. Eligibility: Only attorneys admitted to practice before the Supreme Court of Minnesota are eligible for admission to practice before the District Court. See Local Rule 83.5(b) of the District Court.
B. Procedures for Admission: to apply for admission to practice before the District Court an attorney must file with the Clerk of the District Court:
- A Petition for Admission to Practice;
- The admission fee established by the District Court; and
- References from two members of the District Court bar.
- A member of the District Court bar must move for the applicant’s admission. The District Court will consider a motion for admission only verifying that the applicant has fully complied with the rules governing admission.
- See also Admission to Practice Procedure.
II. Practice for Non-Admitted Attorneys
A. Government attorneys:
An attorney not admitted to practice before the United States District Court for the District of Minnesota but admitted to practice before another federal district court may appear before the Bankruptcy Court representing the United States or its officers or agencies. Local Rule 9010-3(b).
B. Non-resident attorneys:
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 Local Rule 83.5(d) of the District Court.
III. Non-Attorney Representatives
A. 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. See Local Rule 9010-3(c).
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 Local Rule 9010-3(d).