Local Rule 2014-1: EMPLOYMENT OF PROFESSIONALS

RULE 2014-1. EMPLOYMENT OF PROFESSIONALS.

(a) Retention Procedure. An application for the employment of a professional person (attorney, accountant, appraiser, auctioneer, agent, or other professional ) pursuant to sections 327 and 328 of the Code, must state the specific facts showing the reasonableness of the terms and conditions of the employment, including the terms of any retainer, hourly fee or contingent fee arrangement.

(b) Notice.

(1) Applicant must file its application on 14 days' notice to the United States Trustee. All applications must include the professional's name, complete mailing and physical addresses, telephone number, and e-mail address.

(2) If a debtor or trustee seeks to employ a professional who currently represents, or has previously represented, any creditor of the debtor, the application must include the following:

(A) whether the professional represented any creditor against the debtor in the instant case,

(B) the percentage of total annual revenues the professional's firm earned during the past year from these clients (or former clients) who are creditors of the debtor, and

(C) a statement by the professional acknowledging a continuing duty to exercise due diligence, monitor the reported revenue from these clients, and notify the Court if the above information changes, through addenda to the professional's Bankruptcy Rule 2016(b) disclosure statement.

(3) The Court will consider the application ripe for a ruling on the earlier of (1) the filing of a response by the United States Trustee, or (2) the expiration of the 14-day notice period, subject to the limitations imposed by Bankruptcy Rule 6003(a). Unless otherwise ordered by the Court, no hearing is necessary on an application to retain a professional.

(c) Proposed Order to Accompany Application to Retain a Professional. The Applicant must file a proposed retention order that includes a provision stating the professional's compensation is subject to Court approval and specifies the Code section under which the professional is employed (generally § 327). See also Local Rule 9072-1(b).

(d) Applications for Compensation. See Local Rule 2016-1; see also Local Rule 2016-2.