Rule 9010 Federal Rules of Bankruptcy Procedure

Rule 9010 of the Federal Rules of Bankruptcy Procedure is about Authority to Act Personally or by an Attorney; Power of Attorney. It is under Part IX (General Provisions) of the Rules.

(a) In General. A debtor, creditor, equity security holder, indenture trustee, committee, or other party may:

(1) appear in a case and act either on the entity’s own behalf or through an attorney authorized to practice in the court; and

(2) perform any act not constituting the practice of law, by an authorized agent, attorney-in-fact, or proxy.

(b) Attorney’s Notice of Appearance. An attorney appearing for a party in a case must file a notice of appearance containing the attorney’s name, office address, and telephone number—unless the appearance is already noted in the record.

(c) Power of Attorney to Represent a Creditor. The authority of an agent, attorney-in-fact, or proxy to represent a creditor—for any purpose other than executing and filing a proof of claim or accepting or rejecting a plan—must be evidenced by a power of attorney that substantially conforms to the appropriate version of Form 411. A power of attorney must be acknowledged before:

(1) an officer listed in 28 U.S.C. § 459 or

§ 953 or in Rule 9012; or

(2) a person authorized to administer oaths under the state law where the oath is administered.