October 31, 2020

Attorneys

Invitation for Comment on Amendments to Local Bankruptcy Rule 2090-1(B), (C), (E), (F), (H), and (I). Comments due by 5:00 P.M., Local Time, November 12, 2020.

[Read October 16, 2020, Public Notice – PDF]

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 new local rules provisions that require all Bankruptcy Court Bar members to 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 September 1, 2020.  Please read below to learn what actions you need to undertake to remain in good standing in the Bankruptcy Court Bar.

1.  If you currently are a member in good standing of both the District Court and Bankruptcy Court Bars: 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 August 21, 2020, to allow the Court to complete the verification process.  [Please note: this date is different from the September 1, 2020 deadline.]

2.  If you currently are a member in good standing of the Bankruptcy Court Bar but are not currently a member of the District Court Bar: 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 August 21, 2020.  [Please note: this date is different from the September 1, 2020 deadline.]

3.  If you are admitted pro hac vice to the Bankruptcy Court Bar: No action is needed to retain your admission as a pro hac vice member of the Bankruptcy Court Bar.

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

a.  If 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 September 1, 2020, to Affirmation@vaeb.uscourts.gov with the subject line: WDVA Certificate.

b.  If you currently are not a member of the Western District Bar, and later become admitted to the Western District Bar, submit a Certificate of Good Standing from the Western District on or before September 1, 2020, to Affirmation@vaeb.uscourts.gov with the subject line: WDVA Certificate.

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 SEPTEMBER 1, 2020, 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 THAT THE SUSPENSION OF YOUR CM/ECF PRIVILEGES BE LIFTED; AND (3) HAVE YOUR REQUEST REVIEWED BY THE CHIEF BANKRUPTCY JUDGE AND APPROVED BY THE CHIEF DISTRICT JUDGE.

 APPROVALS WILL NOT BE GRANTED AS A MATTER OF COURSE.

 Attorney Forms:


Description Form
Application to Qualify as an Attorney  attyqual.pdf
Affirmation Form  attyaffirm.pdf
Application to Qualify as a Foreign Attorney Under Local Bankruptcy Rule 2090-1(E)(3)  prohac.pdf
Application to Qualify as a Foreign Attorney Under Local Bankruptcy Rule 2090-1(E)(3)-Richmond Division  prohacr.pdf
Certificate of Member of Bar of Western District of Virginia  certwdva.pdf
Application to Qualify as a Third Year Law Student Permitted to Appear in the United States Bankruptcy Court for the Eastern District of Virginia  thirdyrl.pdf
Attorney Certification [Chapter 7 Pro Bono Certification-Richmond Only]  attycert.pdf

FAQs


 

Reinstatement Requests

Q. How should my request for reinstatement of my CM/ECF privileges be made to the Court?

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

 

Q. If I am requesting reinstatement of my CM/ECF privileges, should I attach the necessary documentation to my request?

A. It is the prerogative of the attorney making the request for reinstatement of CM/ECF privileges to determine what information to include in the request.

 

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 August 21, 2020, to allow the Court to complete the verification process. If you fail to do so, you will not be permitted to practice in the Bankruptcy Court after September 1, 2020, 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 United States District Court; (4) the Chief Bankruptcy Judge has reviewed your request; and (5) the Chief District Judge has approved such request. Approvals will not be given 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. Approvals will not be given 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 the September 1, 2019 effective date of the Local Bankruptcy Rule amendments, 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.

 

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 September 1, 2020?

A: If you have completed the necessary steps set forth on the Court’s Notice dated August 14, 2019, and the Court has not contacted you, you may continue to practice in the Bankruptcy Court after September 1, 2020.

If you would like to verify your continued ability to practice in the Bankruptcy Court after September 1, 2020, 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 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: Under the amended rules, 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.

 

New 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 am a new attorney 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 your signed certificate (Certificate of Member of Bar of Western District of Virginia) 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: I am a new attorney admitted to practice before the Bankruptcy Court after the September 1, 2019 effective date of the Local Bankruptcy Rule amendments. 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.

 

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: 757-222-7205

 

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 September 1, 2020?

A: Under the amended rules, 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. Approvals will not be given 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 September 1, 2020, does this mean I will never be able to practice in the Bankruptcy Court again?

A: No. Under the amended rules, 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) submit a request to Bar-Review@vaeb.uscourts.gov that 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. Approvals will not be given 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.

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