Local Rule LBR 3001-2: Requests to Pay Administrative Expenses

LBR 3001-2. Requests to Pay Administrative Expenses

(a) Applicability. Unless the court orders otherwise, this rule governs all requests for payment of administrative expenses under § 503(a), except for: (1) compensation and expenses awarded under § 330(a), and (2) administrative expenses incurred in the ordinary course of business to the extent authorized under § 364(a), and (3) a trustee's request to pay administrative expenses under LBR 2015-1.

(b) Form of Request.

(1) Requests for Interim Payment. An entity seeking payment for an administrative expense prior to confirmation of a plan or the filing of a trustee's final report must file a motion for allowance and payment of an administrative expense in accordance with LBR 9013-1(c). Payment may be made only upon order of the court allowing the expense and approving an interim payment.

(2) Requests for Payment in the Ordinary Course of Distributions. An entity seeking payment for an administrative expense through distributions under a confirmed plan or by the trustee after the filing of a final report may file a request substantially conforming to the local form (Request for Payment of Administrative Expense). Absent a timely objection to plan confirmation or a final report, payment may be made through a distribution under a confirmed plan or as part of the trustee's distribution of estate assets, without entry of a separate order allowing the expense.

(c) Timing of Request. Unless the court otherwise sets a deadline, a request for payment of an administrative expense is timely if filed: (1) in a case under chapter 11, 12, or 13, by the later of: (A) 28 days prior to the date of the plan confirmation hearing; or (B) 28 days after the occurrence of the last event giving rise to the expense; (2) in a case under chapter 7, by the later of: (A) the deadline for filing a proof of claim; (B) 28 days after the occurrence of the last event giving rise to the expense; or (C) for expenses arising from the use of premises by a trustee or debtor in possession, 28 days after surrender of the premises by the trustee or debtor in possession.

(d) Notice. An entity requesting payment of an administrative expense under this rule must give notice of the request to the trustee or debtor in possession, the Office of the United States Trustee, and, in a chapter 11 case, any committee appointed in the case, or if no committee has been appointed, the holders of the 20 largest unsecured claims.