Local Rule 2014-1: SERVICE OF MOTION FOR AN ORDER AUTHORIZING EMPLOYMENT IN A CHAPTER 11 CASE
Bankr. E.D. Va. — General rule
RULE 2014-1 SERVICE OF MOTION FOR AN ORDER AUTHORIZING EMPLOYMENT IN A CHAPTER 11 CASE The motion, declaration and any proposed order shall be served on the parties listed below. Any party moving for an order authorizing employment in a proceeding under chapter 11 of the Bankruptcy Code shall, in plain language, inform all such parties of the filing of the motion, disclosing in full and complete detail any actual or potential conflicts of interest, and shall specify the method for objecting to the proposed order. Any objections to the proposed employment shall be made in writing, filed with the Court, with a copy served on the movant and the parties listed below, within 14 days from the date of service of the motion.
The motion, declaration and proposed order shall be served on:
1. the United States trustee; 2. any trustee appointed under 11 U.S.C. §1104; 3. any committee of unsecured creditors appointed pursuant to 11 U.S.C. §1102 or, if no committee is appointed, the creditors included on the list filed under FRBP 1007(d); 4. all secured creditors; and 5. any other entity as the Court may direct.
Comments 2014-1 In several divisions, employment orders in Chapter 11 cases have been submitted for entry without notice to any other parties except for the United States Trustee, who usually endorses such orders prior to submission to a judge for entry. On several occasions, after entry of such an order, other parties have learned of the retention and moved to reconsider and vacate. This typically results in a hearing substantially after the entry of the original order with the accompanying concerns as to what happens to fees accrued in the gap period, etc., if the employment is denied. This rule requires a motion to retain a professional person be served upon the trustee, the creditors' committee, and the creditors included on the Rule 1007(d) list. [New rule effective 2/1/00.]
2014-1 A time-computation adjustment has been made to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.]