Local Rule 2016-4: Administrative Expense other than for Estate Professional.

Rule 2016-4. Administrative Expense other than for Estate Professional.

(a) Application and notice. An application for allowance of an administrative expense under 11 U.S.C. § 503 (other than one on behalf of a professional employed by the estate or a fully secured creditor seeking fees, costs, or charges under 11 U.S.C. § 506(b)) shall be filed with the Court within a reasonable time after the expense is incurred and in no event later than any deadline set by the Code, the Federal Rules of Bankruptcy Procedure, these local rules, or an order, and shall identify the entity to be paid, state the statutory basis for the claim, and itemize the expense. The itemization shall be signed and dated by the entity to be paid. The application shall be served on parties in interest not electronically served, and 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) Treatment of administrative expense filed as a claim. If an entity files a proof of claim or similar document in the claims registry that indicates the claimant is requesting an administrative expense other than an expense allowable under 11 U.S.C. § 506(b), the Clerk shall docket a copy of the proof of claim or similar document as an application for administrative expense and direct the claimant to give notice pursuant to paragraph (a) above.

(c) Claims under 11 U.S.C. § 506(b). A fully secured creditor making a claim under 11 U.S.C. § 506(b) for an allowable fee, cost, or charge may make such claim by specifically itemizing the fee, cost, or charge in its proof of claim or by filing an application under paragraph (a) above.

REFERENCES: 11 U.S.C. §§ 503 and 506(b).

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).