Local Rule Rule 2016-2: PROCEDURES FOR CONSIDERATION OF FEE APPLICATION

Rule 2016-2 PROCEDURES FOR CONSIDERATION OF FEE APPLICATION A. Fee Applications in Chapter 7 Cases. Unless leave to seek interim compensation has been allowed by order of the Court, all fee applications filed in chapter 7 cases will be considered only after the trustee in the case has filed a final account in substantial conformity to LBF 23, there has been a proposed order of distribution submitted for the Court's consideration, and notice has been given to all parties in interest of the last date to file objections thereto and the hearing date and time, if any. Unless leave to seek and pay interim compensation has been allowed by order of the Court, allowed fees and expenses will be included in the final distribution in the case.

B. Interim Fee Applications in Chapter 7 Cases. A trustee or professional person employed by a chapter 7 trustee may apply for leave to seek interim compensation where special circumstances, such as the need to commence or defend complex litigation or the need to incur extraordinary expenses to protect, investigate or collect assets of the estate for distribution to creditors, indicate that interim payment is necessary to avoid undue hardship for the trustee or professional person that would result from a delay in payment until final distribution in the case. Such an application shall be subject to all applicable requirements for interim chapter 11 fee applications as set forth in LBR 2016-1.

C. Notice of Fee Applications in Chapter 11 Cases and Specially Allowed Interim Fee Applications in Chapter 7 Cases. The Clerk, or such person as the Court may direct, shall promptly give notice to all parties in interest of the filing of the fee application, the date of the hearing on the fee application, and the last day for filing objections thereto.

D. Fee Applications in Chapter 13 Cases. 1. The maximum fee for chapter 13 cases is presumed to be $2,500. The maximum fee may be adjusted by the Court periodically. Whenever a debtor's counsel fees exceed the $2,500 limit (plus filing fees), a fee application must be filed in accordance with LBR 2016-1. The $2,500 maximum fee includes any retainer received. 2. The $2,500 limit contemplates that the debtor(s) will be interviewed by an attorney, that accurate and complete schedules will be prepared, that the debtor(s) will be briefed on the chapter 13 process, that all documents will be explained and that the attorney will file a chapter 13 plan that meets the requirements of Official Form 113 and that is capable of confirmation. 3. The fee also contemplates that the debtor's counsel will attend the first meeting of creditors and all hearings, and will remain counsel of record until the case is either completed or dismissed, unless the Court has issued an order discharging the attorney as counsel of record. 4. Debtor's counsel is expected to file all motions and objections contemplated by the confirmed plan in a timely fashion. Counsel is also expected to file and complete representation without additional charges to the debtor(s) for the duration of the chapter 13 case. 5. Debtor's counsel shall enter into a written fee agreement, which may provide for future fees in the event of future complications. To the extent total fees exceed $2,500 the attorney must file a fee application. Additional fees, if allowed, may be paid through the chapter 13 plan. 6. Nothing in this rule shall preclude additional fees being awarded by the Court after the filing of a fee application.