Notice of Appearance
(Bankr. S.D.N.Y.)

Summary

This notice of appearance template is a standard form that attorneys, including those admitted pro hac vice, can use to record their appearance in a bankruptcy case pending in the Southern District of New York (SDNY). This template contains practical guidance and drafting notes. Bankruptcy Rule 9010(b) provides that "[a]n attorney appearing for a party in a case under the Code shall file a notice of appearance with the attorney's name, office address and telephone number, unless the attorney's appearance is otherwise noted in the record." Fed. R. Bankr. P. 9010(b). The notice should include the client's name, the law firm's name and contact information (office address, telephone number, and fax), and the specific lawyers at the firm and their email addresses. A notice of appearance notifies the court and other parties that you represent a party in the bankruptcy case. Filing a notice of appearance is critical to ensure you and your client receive all subsequent notifications and filings in the bankruptcy. However, there are certain instances where filing a notice of appearance is inadvisable. The client may want to silently monitor the case and, for business reasons, may not want certain parties or the general public to be aware of its interest in the bankruptcy. For example, the client may be interested in the potential sale of the debtor's assets to a competitor and would consider bidding for such assets if the competitor is also bidding or becomes a stalking horse bidder. However, until that point, the client may want to be informed of these and other developments in the case while considering various strategies. Filing a notice of appearance could also potentially waive jurisdictional objections. For more and related information, see Representing Parties in Interest in a Chapter 11, Trade Creditors' Postpetition Checklist, Bankruptcy Jurisdiction, and Notice Requirements Chart (Chapter 11).