Local Rule Rule 2014-1: Application for Court Approval of the Employment of a Professional

Rule 2014-1 Application for Court Approval of the Employment of a Professional

(a) Disclosing Connections. An application for the approval of the employment of a professional must include or be accompanied by a statement of the professional that the employment complies with § 327(a). This statement must also disclose all of the connections of the professional and associates of the professional with the debtor, creditors or any other party in interest, and their respective attorneys and accountants as required by F.R.Bankr.P. 2014. The term "connection" as used herein is defined also to include any family relationship as defined in § 101(45).

(b) United States Trustee Concurrence. If the United States trustee concurs in an application for the approval of the employment of a professional, the concurrence must be indicated by the signature of the United States trustee on a statement of concurrence to the proposed order appointing the professional, which must be filed. If a statement of concurrence is filed, the proposed order approving the employment may be submitted for entry. If the United States trustee does not concur within seven days, the applicant may contact the judge's courtroom deputy clerk and obtain a hearing date on the application. The order will be deemed effective as of the date of the filing of the application, unless the court orders otherwise.

(c) Appointing Chapter 7 Trustee As Attorney. Unless the trustee is also a creditor in the case, whenever a chapter 7 panel trustee seeks to be appointed as trustee's attorney, an order appointing that person as attorney will be deemed to have been entered without the formal entry of an order, effective upon the filing of the verified statement required by the last sentence in F.R.Bankr.P. 2014(a).

(d) Other Appointments. An application for the appointment of an auctioneer, appraiser or real estate sales agent must also contain a statement of the fee or commission proposed to be paid. With respect to the appointment of an auctioneer or an appraiser, the application must further contain a statement as to the amount of expenses and the number of hours of labor anticipated.

(e) Using Local Rule 9014-1. Nothing herein precludes a party from utilizing Local Rule 9014-1 to seek an order approving the employment of a professional.