Local Rule L.R. 2016-3: Employment and Compensation of Debtor's Counsel in Chapter 13 Cases.

L.R. 2016-3 - Employment and Compensation of Debtor's Counsel in Chapter 13 Cases. A. Fee Election Requirements. Attorneys for debtors in Chapter 13 cases may receive compensation for professional services and reimbursement of expenses under either a "Flat Fee Option" or a "Fee Application Option" in accordance with these Rules. Attorneys for debtors in Chapter 13 cases must disclose which fee election option the attorney elects by using the "Attorney Fee Election Form" event in the CM/ECF system. Such fee election event must be completed at the time of the attorney's initial Fed. R. Bankr. P. 2016(b) disclosure. 1. Flat Fee Option. Attorneys for debtors in Chapter 13 cases who elect the "Flat Fee Option" are, without application to the Court, permitted to be paid attorneys' fees, including expenses, not to exceed $5,800.00 for cases filed on or after December 1, 2024 (plus the filing fee if the filing fee is advanced). 2. Fee Application Option. Attorneys for debtors in Chapter 13 cases who elect the "Fee Application Option" in cases filed on or after December 1, 2025, are permitted to be paid up to $3,600 (plus the filing fee if the filing fee is advanced) in accord with a confirmed Chapter 13 plan, subject to approval, modification or disgorgement, but counsel must file an initial fee application promptly after receipt of $3,600 from any sources. All other fees will be allowed to the debtor's attorneys who elect the "Fee Application Option" only on subsequent fee application/s filed in accordance with L.R. 2016-1(B).

B. Service of Applications. Service must be in accordance with L.R. 2016-1(B)(2).

C. Fees upon Pre-confirmation Case Dismissal. If a debtor's attorney wishes to receive fees in a case that has been dismissed prior to confirmation of a chapter 13 plan, the attorney must, within fourteen (14) days of the entry of the dismissal order, (1) file an application for an order allowing the fees as a bankruptcy code § 503(b) expense, and (2) obtain an order directing the trustee to hold funds pending resolution of the fee application. If the fee sought, including fees paid prior to filing of the case, does not exceed $1,000.00, the attorney may use the Court's Short Form Attorney Fee Application and may file the application as a motion without hearing pursuant to L.R. 9062. If the fee sought, including fees paid prior to filing of the case, exceeds $1,000.00, the application must comply with the form, notice and hearing requirements of L.R. 2016-1.