Local Rule 2016-2: Fees for Estate Professionals-Standard Application.
Bankr. D.S.D. — General rule
Rule 2016-2. Fees for Estate Professionals-Standard Application.
(a) Fee application: required content and service. An application by a professional employed by the estate for payment of fees (compensation for services, applicable sales tax, and reimbursement of expenses, including any Clerk's fees) from the estate shall contain the information required by Fed.R.Bankr.P. 2016(a), shall identify the applicable sales tax rate, and shall conform to Appendix 2O-1. An attorney for a trustee or a debtor in possession may electronically file a fee application on behalf of an estate professional, other than another attorney, but the application shall be signed and dated by the estate professional. The application shall be served on parties in interest not electronically served. If the application seeks compensation for services and reimbursement of expenses, excluding sales tax, of more than $1,000.00, a notice of the application shall be served on all creditors and other parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(e) and Appendix 2G and shall set forth a last date (month, day, year) for filing an objection or other response that is 21 days after service of the application and the notice of the application.
(b) Fee application: time for filing in a chapter 12 or a chapter 13 case. An attorney for the debtor or any accountant, appraiser, agent, or other professional employed by the estate shall, within 30 days after the plan is confirmed, file an application for fees incurred through the date of confirmation.
(c) Proposed order awarding fees. The applicant shall submit, to proposed_orders@sdb.uscourts.gov, a proposed order awarding fees from the estate that conforms to Bankr. D.S.D. R. 9072-1(a) and (b)(1) and the sample at Appendix 2P-1.
REFERENCES: 11 U.S.C. §§ 328, 329, and 330; Fed.R.Bankr.P. 2016(a).
Practice Pointer: If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).