Local Rule RULE 2016-2: COMPENSATION OF ATTORNEYS IN CHAPTER 13 CASES
Bankr. E.D. Ky. — General rule
RULE 2016-2. COMPENSATION OF ATTORNEYS IN CHAPTER 13 CASES
(a) The debtor's attorney in a chapter 13 case may accept – in lieu of filing an itemized application for compensation – a presumptively reasonable fee in an amount up to and including $4,500, provided a plan is confirmed and
(i) debtor and counsel for debtor agree to and execute the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys set forth in Local Form 2016-2(a)(i); and
(ii) within 14 days of the filing of the petition, counsel for the debtor files a Certification that substantially complies with Local Form 2016-2(a)(ii).
(b) The presumptively reasonable fee includes:
(i) all services rendered up to and including confirmation of a plan as set forth in the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys;
(ii) services rendered in post-confirmation matters referenced in the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys; and
(iii) representation in any two (2) post-confirmation matters from the following list:
• Responding to a motion to dismiss the case for failure to make plan payments, including a motion to modify;
• Responding to a motion for relief from stay;
• Filing a motion to modify the plan (including a motion to suspend plan payments);
• Addressing a trustee's motion to modify the plan;
• Filing a request to incur debt; or • Filing a motion to sell property.
(iv) All expenses incurred in connection with the above, excluding filing fees and reimbursement of actual costs for required prepetition credit counseling.
(c) The presumptively reasonable fee does not include:
(i) Defense of any adversary proceeding;
(ii) Prosecution of an adversary proceeding and/or motion relating to stay and/or discharge violation(s);
(iii) Representation in any unanticipated litigation or contested proceeding(s) arising from the debtor's failure to provide complete and accurate information to the attorney; or
(iv) Representation in any matter not otherwise addressed in the Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys.
(d) The presumptively reasonable fee may be allowed in the order confirming the plan without further order.
(e) Any compensation or reimbursement of expenses sought in excess of the presumptively reasonable fee of $4,500 must be requested by filing an itemized application for compensation under FRBP 2016 and KYEB LBR 2016-1 and certifying that the services for which compensation is sought are in addition to the services required to be performed by sub-part (b)(iii).
(f) An attorney seeking compensation for services rendered in a case dismissed prior to confirmation of a plan may file an itemized application for compensation under FRBP 2016 and KYEB LBR 2016-1 within 14 days after entry of the order of dismissal. The trustee will pay any allowed fee to the attorney to the extent funds are available after payment of pre-confirmation adequate protection payments, prior to returning any remaining funds to the debtor.