COMPENSATION OF PROFESSIONALS
- Applications for Compensation in Chapter 7 Cases:
- Final applications for fees and expenses of all professionals incurred during the administration of the Chapter 7 cases and allowable under 11 U.S.C. § 503(b) must be filed not later than twenty-one (21) days after service of notification by the trustee that the case is ready to close.
- In cases that have been converted to Chapter 7, all final applications of professionals for fees, costs, and expenses incurred in the superseded case must be filed within ninety (90) days after the date of the order converting the case.
- All applications for fees and expenses, whether interim or final, shall contain the amounts requested and a detailed itemization of the work performed including:
- the name of the individual performing the work;
- the amount of time expended for each item of work;
- the hourly rate requested; and
- a discussion of the criterion that are relevant in determining the compensation to be awarded.
- Applications for fees and expenses totaling $1,000 or less will be determined after notice and an opportunity for a hearing. Notice shall go to all creditors, the U.S. Trustee, and all other parties in interest. A hearing will not be held unless a timely objection is filed with the Court.
- Applications for fees and expenses under 11 U.S.C. § 326 will be determined after notice and an opportunity for a hearing. Notice shall go to all creditors, the U.S. Trustee, and all other parties in interest. A hearing will not be held unless a timely objection is filed with the Court.
- Applications for Compensation in Chapter 11 Cases:
- Applications of attorneys, accountants, auctioneers, appraisers, and other professionals for compensation from the estate of the debtor allowable under 11 U.S.C. § 503(b), must be accompanied by the cover sheet available at www.flnb.uscourts.gov and should be filed no later than twenty-one (21) days after the entry of an order scheduling the confirmation hearing, except for applications for fees and expenses totaling $1,000 or less, which may be heard and determined pursuant to Local Rule 2016-1. A copy of the application shall be served upon the trustee and attorney for the trustee, if one has been appointed, the debtor-in-possession, the attorney for the debtor-in-possession, the attorney for the creditors' committee, if one has been appointed; if no creditor’s committee has been appointed, on the 20 largest unsecured creditors (see Bankruptcy Rule 1007(d)) and the U.S. Trustee. Nothing herein shall preclude an application not filed pursuant to this rule; provided, however, that debtor shall not be required to pay for such services upon confirmation.
- All applications for compensation of professionals, including interim applications, shall contain a detailed itemization of the work performed. Applications by attorneys and accountants shall include the individual performing the item of work, a description of the work performed for each item, the amount of time expended for each item, the hourly rate requested, and a discussion of the criteria that are relevant in determining the compensation to be awarded.
- All disclosures required to be transmitted to the United States Trustee under Bankruptcy Rule 2016(b) shall be served on the case trustee within the time required for service on the United States Trustee.
Advisory Committee Notes
The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. Subdivision (B)(1) is amended to require a cover sheet to be filed with applications for professional compensation sought in Chapter 11 cases and otherwise amended to improve readability. Subdivision (B)(3) is amended to correct a scrivener’s error by changing the reference to Bankruptcy Rule 1026(b) to 2016(b).