Authority to Act Personally or by an Attorney; Power of Attorney

U.S Code last checked for updates: Jan 30, 2025

Rule 9010.

(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.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)