Local Rule RULE 2016-2: COMPENSATION OF PROFESSIONALS IN CHAPTER 13 CASE
Bankr. N.D.N.Y. — General rule
RULE 2016-2 COMPENSATION OF PROFESSIONALS IN CHAPTER 13 CASE
(a) Compensation. In a chapter 13 case, the plan shall set forth the "Base Fee," as defined in Administrative Order 22-03, to be paid by or on behalf of the debtor in connection with the case including any amount paid pre-petition as a retainer and the amount to be paid through the plan. The trustee shall review the attorney's fee charged in each case and object to confirmation if the fee sought is unreasonable. Confirmation of the plan shall constitute Court approval of the attorney's fee. The Court may set a hearing sua sponte to review the requested attorney's fee, which may be scheduled at the same time as the confirmation hearing.
(b) Notice to All Parties in Interest. Notwithstanding any other provision of this Rule, if the compensation for debtor's counsel is an amount greater than one-half of the amount to be funded through the plan, the compensation is subject to further review and approval after notice and a hearing as provided for under Fed. R. Bankr. P. 2002(a)(6).
(c) Fed. R. Bankr. P. 2016(b) Statement. In addition to the disclosure requirements of Fed. R. Bankr. P. 2016(b), if counsel has represented the debtor in a prior bankruptcy case commenced within three (3) years of the current case, the original 2016(b) statement shall disclose the date of the prior filing(s) and the attorney's fees paid in connection with such prior filing(s).
(d) Application for Fees in Excess of Those Approved Under the Plan. Any additional attorney's fees and expenses sought to be charged beyond those disclosed in the initial statement filed pursuant to Fed. R. Bankr. P. 2016(b) and/or approved by the confirmation order may be charged to the debtor only upon Court order, based upon prior application after notice and a hearing. The application shall detail the specific services for which additional compensation is sought and include: • fees disclosed by applicant in the 2016(b) Statement and/or approved by confirmation order; • allowed fees paid applicant through date of the application; and • a statement of whether an award of the requested fee will or will not result in the total compensation being paid to the debtor's attorney being greater than one-half of the amount to be funded through the plan.
Additional attorney's fees and expenses approved by the Court shall be paid through the plan, except as otherwise ordered.