Local Rule 2016-1: PROFESSIONAL PERSONS - COMPENSATION AND REIMBURSEMENT OF EXPENSES

Rule 2016. COMPENSATION OF PROFESSIONALS [Former Rules 38 & 39] [SO 7/30/90]

2016-1. PROFESSIONAL PERSONS - COMPENSATION AND REIMBURSEMENT OF EXPENSES In all cases under Title 11, requests for interim or final compensation shall be in a form prescribed by the Bankruptcy Clerk, who shall, at a minimum, require the applicant to include a one page face sheet bearing the caption of the case, the name and address of the applicant or applicants, the dates upon which the case was filed and the applicant was appointed, the nature and the date or the period of services rendered, a typewritten time sheet with a description of services rendered, and the amount of compensation or expense reimbursement sought. (If both compensation and reimbursement are sought, the amounts shall be separately stated.) The application should also include a statement of prior applications and prior allowances.

A. All supporting documentation shall be attached to the application and, if it is an application for interim compensation, it shall also contain an affidavit or unsworn declaration reciting why the applicant should not be required to await the filing of a final report in the case. The Court may take judicial notice of any facts of record warranting denial of the application as having been prematurely made.

B. All applications must be filed at least twenty-five (25) days prior to a calendar at which the application is to be considered.

C. Non-appearance of an applicant at the scheduled hearing shall be deemed to be a consent to the disposition of the application on the filed papers and record, if any, of the hearing.

To aid the Court and any party in interest in reviewing compensation statements filed by attorneys:

(a) The "compensation" paid or to be paid to an attorney shall include all legal fees and all charges of whatever character paid or to be paid by the debtor or other entity. Charges shall be identified and, if not self explanatory, justified.

(b) Basic services to be performed are:

(1) Analysis of the financial situation and rendering advice and assistance to the client in determining whether to file a petition under Title 11, United States Code;

(2) Preparation and filing of the petition, lists, statements or schedules in a chapter 7 or 13 case;

(3) Representation of the debtor at the § 341 meeting;

(4) Amend lists, statements or schedules to comport with developments which may have occurred before or at the § 341 meeting;

(5) Motions under § 522(f) to avoid liens on exempt property;

(6) Motions, such as motions for abandonment, or proceedings to clear title to real property owned by the debtor;

(7) Removal of garnishments or wage assignments;

ADDITIONAL SERVICES REQUIRED IN CHAPTER 7 CASES

(8) Negotiate, prepare and file reaffirmation agreements;

(9) Motions under § 722 to redeem exempt personal property from liens;

ADDITIONAL SERVICES REQUIRED IN CHAPTER 13 CASES

(10) Attend confirmation hearings;

(11) Negotiate valuation of secured claims and/or present evidence thereon at confirmation hearing.

(c) If, in the attorneys judgment, the performance of the above basic services required or will require unusual expenditures of time he or she should so state and annex time sheets or projections of time supporting the claim.