Local Rule RULE 1094-1: SUBCHAPTER V COMPENSATION
Bankr. W.D. Ky. — General rule
RULE 1094-1 SUBCHAPTER V COMPENSATION
(a) The Subchapter V trustee shall file fee applications in accordance with 11 U.S.C. § 330, Fed. R. Bankr. P. 2016, and W.D. Ky. L.B.R. 2016-1. The Court shall consider and determine the amount and reasonableness of the Subchapter V trustee's fee application.
(b) Monthly Deposit.
(1) Within ten (10) days after appointment of a Subchapter V trustee, the debtor shall confer with the Subchapter V trustee about the appropriate amount for a monthly postpetition deposit for administrative expenses. Funds for administrative expenses will be held in a court approved account pending further Order of the Court. Disbursement of said funds shall be solely pursuant to Orders of this Court, including a confirmation order.
(2) If an agreement is reached, the debtor shall seek Court approval of the postpetition deposit payment agreement in a cash collateral motion or other appropriate motion and shall file a stipulated motion to obtain approval of the agreed amount of the monthly deposit. The stipulated motion may be granted by the Court without hearing. Any party in interest who opposes the stipulated motion may file an objection within twenty-one (21) days after the date of service, and such objection may be set for hearing notwithstanding the Court's order granting the stipulated motion.
(3) If no agreement is reached, the debtor shall immediately file, but in no case later than the close of the 10th day after a Subchapter V trustee has been appointed, a motion with the Court requesting an expedited hearing to determine an appropriate monthly postpetition deposit based on the equities of the case. Failure to do so may result in a dismissal of the case for cause.
(4) The Subchapter V trustee, or any party in interest, may seek to decrease or to increase the amount of the monthly postpetition deposit for cause shown and based on the equities of the case.
(c) Subchapter V Fee Applications Upon Case Dismissal. If a Subchapter V Case is dismissed, the Court shall retain jurisdiction to determine the amount and reasonableness of professional fee applications (including the Subchapter V trustee's fee application) under 11 U.S.C. § 330 (or other applicable law) and the Fed. R. Bankr. P., to enter final orders on professional fee applications, and to enforce orders authorizing and awarding professional fees.