Local Rule RULE 5082-2: APPLICATIONS FOR COMPENSATION AND REIMBURSEMENT FOR PROFESSIONAL SERVICES IN CASES UNDER CHAPTER 13
Bankr. N.D. Ill. — General rule
RULE 5082-2 APPLICATIONS FOR COMPENSATION AND REIMBURSEMENT FOR PROFESSIONAL SERVICES IN CASES UNDER CHAPTER 13 A. Definitions In this Rule:
(1) "Court-Approved Retention Agreement" means Local Bankruptcy Form 13-8.
(2) "Form Itemization" means Local Bankruptcy Forms 13-13 and 13-14.
(3) "Form Fee Application" means Local Bankruptcy Form 13-9 or 13-10.
(4) "Form Fee Order" means Local Bankruptcy Form 13-11 or 13-12.
(5) "Flat Fee" means the fee allowed in the amount in the court's General Order without an itemization of time and services.
(6) "Creditors Meeting Notice" means the Notice of Chapter 13 Bankruptcy Case (Official Form B 309I).
(7) "Original Confirmation Date" means the date of the confirmation hearing in the Creditors Meeting Notice.
B. Requirements
(1) A request for compensation must be using the applicable Form Fee Application. A completed Form Fee Order must accompany the Form Fee Application.
(2) An application for compensation must be noticed for presentment on the Original Confirmation Date at the time of the confirmation hearing.
C. Flat Fees
(1) If an attorney and debtor have entered into the Court-Approved Retention Agreement, the attorney may apply for the Flat Fee. If the Court-Approved Retention Agreement has been modified in any way, the Flat Fee will not be awarded, and all compensation may be denied.
(2) The Flat Fee will not be awarded, and all compensation may be denied, if the attorney and debtor have entered into any other agreement concerning representation of the debtor in preparation for, during, or involving a Chapter 13 case, and the agreement provides for the attorney to receive
(a) any compensation, reimbursement, or other payment; or
(b) any form of, or security for, compensation, reimbursement, or other payment that varies from the Court-Approved Retention Agreement.
D. Itemized Fees If an attorney and debtor have not entered into the Court-Approved Retention Agreement, the Form Fee Application must be accompanied by a completed Form Itemization.
E. Notice
(1) The completed Form Fee Application must be filed with the court, served on the debtor, the trustee, and all creditors, and noticed for presentment as a motion, except that the Form Fee Application need not be served on all creditors if:
(a) the Creditors Meeting Notice is attached to the Form Fee Application and discloses the compensation sought; and
(b) the Form Fee Application is noticed for presentment on the Original Confirmation Date.
(2) Rule 9013-1(E)(2) does not apply to an application for compensation under this Rule.