Local Rule Local Rule 2014-1: Employment of Professionals.
Bankr. S.D. Tex. — General rule
Local Rule 2014-1. Employment of Professionals.
(a) An application for employment by an attorney for the debtor or a motion for substitution of counsel for the debtor must have attached the statement required by FED. R. BANKR. P. 2016(b) and § 329 of the Bankruptcy Code.
(b) Nunc Pro Tunc Application.
(1) If an application for approval of the employment of a professional is made within 30 days of the commencement of that professional's provision of services, it is deemed contemporaneous.
(2) If an application for the approval of the employment of a professional is made more than 30 days after that professional commences provision of services and the application seeks to make the authority retroactive to the commencement, the application must include:
(A) An explanation of why the application was not filed earlier;
(B) An explanation why the order authorizing employment is required nunc pro tunc;
(C) An explanation, to the best of the applicant's knowledge, how approval of the application may prejudice any parties-in-interest.
(3) Applications to approve the employment of professionals nunc pro tunc shall be approved only on notice and opportunity for hearing. All creditors in the case must be served with notice of the application. The notice must include the negative notice language of BLR 9013-1(b).
(c) A combined application to employ accountant and pay compensation for the preparation of a tax return may be filed and approved without notice or hearing if the requested compensation does not exceed the Maximum Fixed Fee per tax return. The Court will publish the current Maximum Fixed Fee on its website.
(d) Applications to retain special counsel in an individual chapter 7, 11, 12 or 13 case for the purpose of prosecuting a tort claim must be filed in a form as published on the Court's website. The proposed form of order must also be on a form as published on the Court's website. Leave from this BLR 2014-1(d) must be sought by a separate motion.
(e) Service of applications to employ professionals is governed by BLR 9003-1.