The requirements regarding admission to practice in the United States Bankruptcy Court for the Eastern District of Virginia (“Bankruptcy Court”) are contained in Local Bankruptcy Rule 2090-1. (The Local Bankruptcy Rules are located under the Court Resources tab.) Please review the Rule as well as the information on this page carefully.

The United States Bankruptcy Court for the Eastern District of Virginia has adopted amended local rules provisions, including a Continuing Practice Protocol, regarding the requirement that all Bankruptcy Court Bar members be members of the Bar of the United States District Court for the Eastern District of Virginia (“District Court”), or, if applicable, the Bar of the United States District Court for the Western District of Virginia.  To remain in good standing in the Bankruptcy Court Bar, certain actions must be completed on or before January 8, 2021.  Please read below to learn what actions you need to undertake to remain in good standing in the Bankruptcy Court Bar.

Note: The incorporation of the Continuing Practice Protocol does not alter the substantive requirements for compliance under Local Bankruptcy Rule 2090-1(B)(1) and (E)(2). Rather, the amendments provide additional time for attorneys to whom these subparagraphs apply to comply with the requirements stated therein. However, the amendments do impose additional requirements on certain pro hac vice admittees and government attorneys pursuant to Local Bankruptcy Rule 2090-1(E)(3)(d) and (E)(4), respectively

1.  Members in good standing of both the District Court and Bankruptcy Court Bars as of September 1, 2019: Complete the Affirmation Form located in the Attorney Forms section, below, and submit it to Affirmation@vaeb.uscourts.gov with the subject line: Affirmation Form – [Principal Division of Practice] (example: Affirmation Form – Richmond) on or before January 8, 2021, to enable the Court to complete the verification process.  Attorneys who submitted an Affirmation Form prior to November 16, 2020, should not submit a second form.

2.  Members in good standing of the Bankruptcy Court Bar who were not members of the District Court Bar as of September 1, 2019: Complete the District Court’s attorney admission application (located at https://www.vaed.uscourts.gov/attorney-forms) and be admitted to the District Court.  Then, complete the Affirmation Form located in the Attorney Forms section, below, and submit it to Affirmation@vaeb.uscourts.gov with the subject line: Affirmation Form – [Principal Division of Practice] (example: Affirmation Form – Norfolk) on or before January 8, 2021. No further action is needed by attorneys who completed these requirements prior to November 16, 2020.

3.  If you were admitted pro hac vice to the Bankruptcy Court Bar prior to November 16, 2020, and the case or proceeding is still active: You, or your local counsel on your behalf, must submit a PDF copy of the Pro Hac Vice Order of Admission entered in the active case or proceeding on or before January 8, 2021, to AdmissionQuestion@vaeb.uscourts.gov with the subject line: Pro Hac Vice Admission. If you fail to timely comply, you will retain your privilege to appear and practice, but you will lose your CM/ECF filing privileges until you comply.

4.  If you were admitted to practice in the Bankruptcy Court as of September 1, 2019, based upon a Certificate of Good Standing from the United States Bankruptcy Court for the Western District of Virginia and:

a.  You are a member in good standing of the Bar of the United States District Court for the Western District of Virginia (“Western District”): Submit a Certificate of Good Standing from the Western District on or before January 8, 2021, to Affirmation@vaeb.uscourts.gov with the subject line: WDVA Certificate. Attorneys who submitted a Certificate of Good Standing from the Western District prior to November 16, 2020, should not submit a second certificate

b.  You are not a member of the Western District Bar: Become admitted to the Western District Bar and submit a Certificate of Good Standing from the Western District on or before January 8, 2021, to Affirmation@vaeb.uscourts.gov with the subject line: WDVA Certificate.

5. If you are a government attorney and:

a. You appeared or filed a pleading in the Bankruptcy Court pursuant to the authority of either the United States Attorney’s Office for the Eastern District of Virginia or the United States Trustee for Region 4 prior to November 16, 2020:

i. Submit a Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1(E)(4)(a) on or before January 8, 2021, to Affirmation@vaeb.uscourts.gov with the subject line: Qualifying Government Employment

or

ii. Become admitted to the Bar of the Bankruptcy Court under Local Bankruptcy Rule 2090-1 (B), (B)(1), (E)(1), or (E)(2) no later than January 8, 2021.

b. You appeared or filed a pleading in the Bankruptcy Court on behalf of any other Federal, state, or local government entity prior to November 16, 2020: Become admitted to the Bar of the Bankruptcy Court under Local Bankruptcy Rule 2090-1 (B), (B)(1), (E)(1), or (E)(2) no later than January 8, 2021.

AS APPLICABLE TO YOU, IF YOU FAIL TO TIMELY COMPLY WITH THE APPROPRIATE ACTION(S) SET FORTH ABOVE, YOU WILL NOT BE PERMITTED TO PRACTICE BEFORE THE BANKRUPTCY COURT AFTER JANUARY 8, 2021, AND YOUR CM/ECF PRIVILEGES WILL BE SUSPENDED.

TO HAVE YOUR CM/ECF PRIVILEGES REINSTATED, YOU MUST (1) COMPLY WITH THE APPROPRIATE ACTION(S); (2) SUBMIT A REQUEST TO BAR-REVIEW@VAEB.USCOURTS.GOV; AND (3) HAVE YOUR REQUEST REVIEWED BY THE CHIEF BANKRUPTCY JUDGE AND APPROVED BY THE CHIEF DISTRICT JUDGE.

 REINSTATEMENT REQUESTS WILL NOT BE APPROVED ON AN EXPEDITED BASIS OR AS A MATTER OF COURSE. THE COURT WILL BEGIN CONSIDERING REINSTATEMENT REQUESTS ON JANUARY 15, 2021.

 Attorney Forms:

FAQs

Reinstatement Requests

Q. How should my reinstatement request be made to the Court?

A. All reinstatement requests should be emailed to Bar-Review@vaeb.uscourts.gov.

Q. If I am requesting reinstatement, should I attach the necessary documentation to my request?

A. It is the prerogative of the attorney requesting reinstatement to determine what information to include in the request.

Q. When will the Court begin considering reinstatement requests?

A. The Court will begin processing reinstatement requests on January 15, 2021.

Q. I have an upcoming hearing and need my privilege to practice reinstated. Can my reinstatement request be considered on an expedited basis? Will my hearing be continued if I am not reinstated?

A. No. The Court will not consider reinstatement requests on an expedited basis. The requests will be processed in the order received. It is the prerogative of the assigned Judge to determine whether the hearing will be continued.

Q. How will I know if my privilege to practice and my CM/ECF privileges have been reinstated?

A. You will receive an email regarding the Court’s decision. The Court will send the email to the address from which the reinstatement request was submitted.

Completing the Affirmation Form

Q: On the Affirmation Form, do I include my current law firm name or the name of the firm where I was practicing when I was admitted to the Bankruptcy Court?

A: Please list the name of your current law firm.

Q: My practice is split equally between 2 or more divisions. Which division should I list as my Principal Division of Practice?

A: Please list the division where your physical office is located.

Q: Do I need to attach proof of my admission to the District Court to the Affirmation Form?

A: No, simply complete all portions of the Affirmation Form.

Q: May I sign the Affirmation Form with my electronic signature in the traditional “/s/” format?

A: Yes, an electronic signature is permitted on the Affirmation Form.

Submitting the Affirmation Form or a Certificate of Good Standing from the United States District Court for the Western District of Virginia

Q: If I am admitted to both the United States District Court for the Eastern District of Virginia and the United States Bankruptcy Court for the Eastern District of Virginia, do I need to complete and submit any forms?

A: Yes, you need to complete the Affirmation Form and submit it to the designated e-mail address on or before January 8, 2021. If you fail to do so, you will not be permitted to practice in the Bankruptcy Court after January 8, 2021, and your CM/ECF privileges will be suspended. You will not be permitted to practice and the suspension of your CM/ECF privileges will not be lifted until (1) you complete this process; (2) you submit a request to Bar-Review@vaeb.uscourts.gov that the suspension of your CM/ECF privileges be lifted; (3) the Court has verified your admission to practice in the appropriate United States District Court; (4) the Chief Bankruptcy Judge has reviewed your request; and (5) the Chief District Judge has approved such request. Reinstatement requests will not be approved on an expedited basis or as a matter of course.

Q. If my CM/ECF privileges have been suspended because I failed to timely submit my Affirmation Form or a Certificate of Good Standing from the United States District Court for the Western District of Virginia, will my CM/ECF privileges be automatically reinstated if I submit the required documentation to the Court?

A. No. You will not be permitted to practice and the suspension of your CM/ECF privileges will not be lifted until (1) you complete this process; (2) you submit a request to Bar-Review@vaeb.uscourts.gov that the suspension of your CM/ECF privileges be lifted; (3) the Court has verified your admission to practice in the United States District Court; (4) the Chief Bankruptcy Judge has reviewed your request; and (5) the Chief District Judge has approved such request. Reinstatement requests will not be approved on an expedited basis or as a matter of course.

Q: Do I need to provide the hard copy of the Affirmation Form to the Bankruptcy Clerk’s Office?

A: No, the Court only needs the e-mailed, scanned version of the form.

Q: Do I submit the Affirmation Form to the United States District Court?

A: No. Send the completed Affirmation Form to Affirmation@vaeb.uscourts.gov with the subject line: Affirmation Form – [Principal Division of Practice] (example: Affirmation Form – Richmond).

Q: May I submit the Affirmation Form to the Bankruptcy Court while my Application for Admission to the United States District Court is pending there?

A: No, you must be admitted to the United States District Court for the Eastern District of Virginia before submitting the Affirmation Form to the Bankruptcy Court.

Q: If I was admitted to practice in the Bankruptcy Court pursuant to Local Bankruptcy Rule 2090-1(L) (the Previous Practice Clause), do I need to complete and submit the Affirmation Form?

A: Yes, all attorneys who are members of the Bankruptcy Bar in good standing as of September 1, 2019, including those permitted to practice in the Bankruptcy Court by virtue of their good standing in the Bar of the United States District Court for the Eastern District of Virginia as of September 30, 1979, must complete and submit the Affirmation Form.

Q: Do I need to provide proof of my admission to the United States District Court for the Western District of Virginia other than the Certificate of Good Standing from the Western District?

A: No, simply email a scanned copy of the Certificate of Good Standing from the Western District. The Court does not need the certificate in hard copy form.

Pro Hac Vice Members of the Bankruptcy Court

Q. I was admitted pro hac vice for a case that has concluded. Do I need to take any action?

A. No. Only those attorneys admitted pro hac vice with active cases or proceedings need to take the required action.

Q. If I am admitted pro hac vice after November 16, 2020, do I need to take any action to retain my privilege to practice and appear or to retain my CM/ECF filing privileges after January 8, 2021?

A. No. You will retain all privileges post-January 8, 2021.

Q. If I do not timely comply, do I need to follow the reinstatement procedure to have my CM/ECF filing privileges reinstated?

A. No. If your CM/ECF filing privileges are suspended, those privileges will be reinstated automatically after you submit a PDF copy of the Pro Hac Vice Order of Admission entered in an active case or proceeding to AdmissionQuestion@vaeb.uscourts.gov with the subject line: Pro Hac Vice Admission.

Q. I am admitted pro hac vice in multiple cases. Do I need to submit a PDF copy of the Pro Hac Vice Order of Admission entered in each active case or proceeding?

A. No. Submission of a PDF copy of one Pro Hac Vice Order of Admission entered in just one of the active cases or proceedings will result in the retention of your CM/ECF filing privileges for all cases in which you are so admitted.

Q. After the case in which I am appearing pro hac vice has concluded, is any action necessary on my part?

A. No. You do not need to take any action.

Government Attorneys

Q. If my government employment changes, do I need to submit a new Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1 (E)(4)(a)?

A. Yes. If submission of such Certification is appropriate under the Local Bankruptcy Rules. Otherwise, you must become admitted to the Bar of the Bankruptcy Court under Local Bankruptcy Rule 2090-1 (B) or (E)(1).

Q. Are government attorneys who are members of the bar of the United States District Court for the Eastern District of Virginia required to submit the Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1 (E)(4)(a)?

A. Government attorneys to whom Local Bankruptcy Rule 2090-1(E)(4)(a) applies may either submit a Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1 (E)(4)(a) or become admitted to practice before this Court under Local Bankruptcy Rule 2090-a (B), (B)(1), (E)(1), or (E)(2).

Q. Is the reinstatement process different for government attorneys?

A. No. The reinstatement process for government attorneys is subject to the same requirements as non-government attorneys.

Q. May I submit a Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1 (E)(4)(a) if I am not appearing before this Court pursuant to the authority of the United States Attorney’s Office for the Eastern District of Virginia or pursuant to the authority of the United States Trustee for Region 4?

A. No. You must either become admitted to practice before this Court under Local Bankruptcy Rule 2090-1 (B), (B)(1), (E)(1), (E)(2), or obtain local counsel.

After I Submit the Affirmation Form or Certificate of Good Standing from the United States District Court for the Western District of Virginia

Q: Will I receive a confirmation e-mail that the Bankruptcy Court received my Affirmation Form or Certificate of Good Standing?

A: Yes, you will receive an automatic reply receipt.

Q: How do I know if I can still practice in the Bankruptcy Court after January 8, 2021?

A: If you have completed the necessary steps set forth in the Continuing Practice Protocol and your CM/ECF privileges have not been suspended, you may continue to practice in the Bankruptcy Court after January 8, 2021.

If you would like to verify your continued ability to practice in the Bankruptcy Court after January 8, 2021, send your inquiry via email to Verification@vaeb.uscourts.gov. with the subject line: Verification – [Principal Division of Practice] (example: Verification – Richmond). Please wait at least ten (10) business days after submission of your Affirmation Form to send such inquiry. Do not call the Clerk’s Office or the Judge’s Chambers to verify that you have met the Court’s requirements.

Q: What happens if I am later suspended, disbarred, or withdraw from practice in the District Court?

A: You will not be permitted to practice in the Bankruptcy Court during a period of suspension in the District Court. In the event of disbarment or withdrawal, you will not be permitted to practice in the Bankruptcy Court unless and until your status in the District Court changes.

Bankruptcy Bar Applicants and Members Admitted On or After September 1, 2019

Q: May I submit my Application to Qualify to the Bankruptcy Court while my Application for Admission to the United States District Court is pending there?

A: No, you must be admitted to the United States District Court for the Eastern District of Virginia before submitting your Application to Qualify to the Bankruptcy Court.

Q: May I submit my Application to Qualify in the Bankruptcy Court by email?

A: No, the Court continues to require submission of Applications to Qualify in paper form. If you submit an Application to Qualify by email, your application will be rejected.

Q. I was admitted to practice before the Bankruptcy Court after September 1, 2019. Do I need to submit the Affirmation Form?

A. No. The Application to Qualify as an Attorney for the United States Bankruptcy Court for the Eastern District of Virginia contains the information necessary for the Bankruptcy Court to verify your admission in the District Court. Therefore, you do not need to submit the Affirmation Form.

Q: I am seeking admission to the Bankruptcy Court based upon Certificates of Good Standing from both the United States District Court for the Western District of Virginia and the United States Bankruptcy Court for the Western District of Virginia. May I submit both of those certificates to the Bankruptcy Court by email?

A: No, the Court continues to require submission of these documents for new Bankruptcy Bar members in paper form. You also must submit a signed Certificate of Member of Bar of Western District of Virginia, (available above in the Attorney Forms section) with your Certificates of Good Standing from both the United States District Court for the Western District of Virginia and the United States Bankruptcy Court for the Western District of Virginia. If you submit your certificates by email, your request for admission thereon will be rejected.

Q. Do new government attorneys need to complete the Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1 (E)(4)(a)?

A. Government attorneys to whom Local Bankruptcy Rule 2090-1 (E)(4)(a) applies may either submit a Certification of Qualifying Government Employment under Local Bankruptcy Rule 2090-1 (E)(4)(a) or become admitted to practice before this Court under Local Bankruptcy Rule 2090-1 (B) or (E)(1).

Other

Q: What should I do if I do not know if I am admitted to practice in the United States District Court for the Eastern District of Virginia?

A: Do not direct these questions to the Bankruptcy Court. Instead, contact the Clerk’s Office of the United States District Court for the Eastern District of Virginia for the Division in which you were admitted, noting the nature of your inquiry:

Alexandria Division: 703-299-2101
Richmond Division: 804-916-2200
Norfolk/Newport News Division: 757-222-7202

Q: What should I do if I do not know if I am admitted to practice in the United States District Court for the Western District of Virginia?

A: Do not direct these questions to the Bankruptcy Court. Instead, contact the Clerk’s Office of the United States District Court for the Western District of Virginia.

Q: What should I do if I am not able to be sworn in to the bar for the United States District Court for the Eastern District of Virginia before January 8, 2021?

A: You will not be permitted to practice in the Bankruptcy Court until: (1) you are admitted to practice in the District Court; (2) you submit a properly completed Affirmation Form to the Bankruptcy Court; (3) submit a request to Bar-Review@vaeb.uscourts.gov that the suspension of your CM/ECF privileges be lifted; (4) the Bankruptcy Court has verified your admission to practice in the United States District Court; (5) the Chief Bankruptcy Judge has reviewed your request; and (6) the Chief District Judge has approved such request. Reinstatement requests will not be approved on an expedited basis or as a matter of course.

Q. I am admitted to the Bankruptcy Bar but not the District Court Bar. If I am not admitted to practice in the United States District Court for the Eastern District of Virginia before January 8, 2021, does this mean I will never be able to practice in the Bankruptcy Court again?

A: No. You may resume your practice in the Bankruptcy Court after: (1) you become admitted to practice in the District Court; (2) you submit a properly completed Affirmation Form to the Bankruptcy Court; (3) you submit a request to Bar-Review@vaeb.uscourts.govthat the suspension of your CM/ECF privileges be lifted; (4) the Court has verified your admission to practice in the United States District Court; (5) the Chief Bankruptcy Judge has reviewed your request; and (6) the Chief District Judge has approved such request. Reinstatement requests will not be approved on an expedited basis or as a matter of course.

Q: What if I still have questions?

A: Additional questions may be submitted in writing to AdmissionQuestion@vaeb.uscourts.gov. Please do not call the Clerk’s Office or Judge’s Chambers with questions regarding these matters.