Local Rule RULE 2016-1: APPLICATION FOR COMPENSATION

RULE 2016-1. APPLICATION FOR COMPENSATION

(a) (a) Except as otherwise provided in MLBR Appendix 1, Rule 13-6, any Professional seeking interim or final compensation for services and reimbursement of expenses under 11 U.S.C. §§ 330, 331, 503(b)(2), 503(b)(4), or 506(b),, excluding any broker (other than an investment banker) whose compensation is determined by a commission on the sale price of an asset, shall file an application for compensation and reimbursement. The application shall conform generally to Fed. R. Bankr. P. 2016.

(1) (1) The application and any attachments shall:

(A) be legible and understandable;

(A) (B) identify the time period or periods during which services were rendered;

(B) (C) describe the specific services performed each day by each person with the time broken down into units of tenths of one hour devoted to such services;

(C) (D) include a copy of any contract or agreement reciting the terms and conditions of employment and compensation;

(D) (E) include a copy of the order authorizing the employment or reference the date and docket number of the order;

(E) (F) include the date and amount of any retainer, partial payment, or prior interim allowances;

(F) (G) include a brief narrative description of services performed and a summary of hours by Professionals and other personnel;

(G) (H) if the trustee is also serving as his or her own attorney, the trustee's attorney's application must contain:

(i) (i) a certification that no compensation has been or will be sought for services as an attorney which are properly trustee services; and

(ii) (ii) include a brief biography of each person included in the fee application, stating his or her background and experience.

(2) (2) All applications by Professionals shall include a summary chart, which clearly sets forth in columns:

(A) (A) the full names of the attorneys, paralegals, and clerks performing services;

(B) (B) the initials used for each person;

(C) (C) the hourly rate charged by each person and, if there is a change in the hourly rate for any such person during the covered period, then that person's name shall be listed as many times as there are changes in the hourly rate and each entry shall show the number of hours at each rate and the date each change became effective;

(D) (D) the total amount of fees for each person and a column showing a grand total figure (See MLBR Appendix 6 paragraph (b)(7) Fee Applications);; and

(E) (E) the total amount of each type of out-of-pocket expense for which reimbursement is sought, which amounts, subject to subsection (F), shall not exceed the actual cost to the applicant.

(F) (F) In lieu of calculating the actual cost of the expenses set forth below, the applicant may request the rates of reimbursement set forth in MLBR Appendix 2 for:

(i) (i) copies;

(ii) (ii) incoming telecopier/facsimile (fax) transmissions; and

(iii) (iii) auto mileage.

(b) (b) Any application for compensation by co-counsel shall specify the separate services rendered by each co-counsel and contain a certification that no compensation is sought for duplicate services.

(c) (c) If an application for compensation and reimbursement by a chapter 7, 11, or 12 trustee exceeds $510,000.00, the trustee shall state:

(1) (1) the total amount received in the estate;

(2) (2) the amount of money disbursed and to be disbursed by the trustee to parties in interest (excluding the debtor) and a calculation of the maximum fee allowable under 11 U.S.C. § 326;

(3) (3) a brief narrative description of services performed;

(4) (4) if the payment sought is interim compensation, why the payment of interim compensation is reasonable and appropriate; and

(5) (5) the dividend, expressed as a percentage of funds to be distributed to creditors, if the requested compensation and other requested administrative expenses are allowed in the amounts requested. If a trustee has served both as a chapter 7 and a chapter 11 trustee, separate itemizations must be provided for each period. The amount of compensation shall be stated as a dollar amount, regardless of the calculation of the maximum compensation allowable under 11 U.S.C. § 326(a).

(d) (d) (1) All applications which seek more than $35,000.00 in compensation, or are otherwise very lengthy, must be divided into narrative sections and must utilize the project categories set forth in subsection (2) below. Each narrative section within each project category must represent a task, must describe the task and the benefit to the estate, and must identify the work done by each Professional. There shall be attached to each narrative section a specific description of services performed under such project category each day by each person and the time devoted to such services on that day by each person. The end of each narrative section must include a summary chart that conforms to the requirements of section (a)(2)(A)-(F) of this Rule.

(2) The following project categories (as described below) are to be utilized in all applications submittedfiled pursuant to this Rule. Applications may contain additional categories as may be required in a particular case:

(A) (A) Asset Analysis and Recovery: identification and review of potential assets including causes of action and non-litigation recoveries, and appraisals of assets;

(B) (B) Asset Disposition: sales, leases, matters under 11 U.S.C. § 365, abandonment, and related transaction workservices;

(C) (C) Business Operations: issues related to the debtor-in-possession operating in chapter 11 cases, such as employee issues, vendor issues, lease and contract issues and other similar matters, as well as analysis of tax issues and preparation of tax returns;

(D) (D) contract issues, and other similar matters, as well as analysis of tax issues and preparation of tax returns;

(D) (E) Case Administration: coordination and compliance activities (including preparation of statements of financial affairs, schedules, lists of contractsrelated exhibits, and United States trustee interim statements and operating reports), contacts with the United States trustee, and general creditor inquiries;

(E) (F) (E) Claims Administration and Objections: specific claim inquiries, bar date motions, analyses, objections, and allowance of claims;

(F) (G) (F) Employee Benefits and Pensions: issues such as severance, retention, 401(k) coverage, and continuance of pension plans;

(G) (H) (G) Employment Applications and Objections: preparation of employment applications, motions to establish interim compensation procedures, and review of and objections to employment applications of others;

(H) (I) (H) Fee Applications and Objections: preparation of fee applications and review of and objections to fee applications of others;

(I) (J) (I) Financing: matters under 11 U.S.C. §§ 361, 363, and 364, including cash collateral and secured claims, and analysis of loan documents;

(J) (K) (J) Litigation: a separate category should be utilized for each litigation matter;

(K) (L) (K) Meetings of Creditors: and Equity Security Holders: preparing for and attending conference of creditors, meetings held pursuant to 11 U.S.C. § 341, and other Creditors' committee meetings;

(L) (M) (L) Plan and Disclosure Statement: formulation, presentation and confirmation, compliance with confirmation order, related orders and rules, disbursement and case closing activities (except those relating to allowance of any objections to claims); and

(M) (N) (M) Relief from Stay Proceedings: matters relating to termination or continuation of automatic stay under 11 U.S.C. § 362.