Rule 2016-1 Compensation of Professionals.
This rule governs the procedure for professional applications for compensation. All professional fees paid from property of the estate are subject to court approval. Compensation of attorneys for chapter 13 debtors are also subject to the provisions of L.B.R. 2016-2.
(a) Fee Applications. A fee application must include:
(1) Cover Sheet. A fee application must include a cover sheet that provides the court with a summary of the fee application. The cover sheet must conform substantially to L.B.F. 2016-1;
(2) the date of the order appointing the professional;
(3) a statement indicating whether the application is for final or interim compensation and expenses, the total amounts requested, and the time period for the services rendered;
(4) the date and amount of previous compensation, if any, including any retainers paid;
(5) a chronological listing of services performed. Whenever applicable, the listing should include:
(A) an identification of the subject matter of any correspondence or phone call together with the party with whom that communication occurred;
(B) an identification of the subject matter of and parties involved in any hearing or trial, if the service involved is attendance at a hearing or trial;
(C) an identification of any pleading drafted; and
(D) the date the service or expense was incurred and the time expended, in tenths of hours, for the service rendered;
(6) an itemization of the expenses for which reimbursement is requested;
(7) an allegation that the professional is a disinterested person and has not represented or held an interest adverse to the interest of the estate on the matter on which he or she was employed in compliance with 11 U.S.C. § 327(a);
(8) for applications filed on behalf of attorneys, a history of the case in narrative form. The history should include, if applicable:
(A) a description of the debtor’s financial situation when the case was filed;
(B) a description of significant events that have occurred post-petition;
(C) a description of specific issues that the debtor is required to resolve before a plan can be confirmed or the case otherwise resolved (for example, liquidation of real estate or resolution of pre-petition litigation);
(D) the status of any specific issues and their resolution; and
(E) items that need to be completed before the case can be confirmed or otherwise brought to a conclusion;
(9) a certification that the entity on whose behalf the applicant is employed has been given the opportunity to review the application and whether that entity has approved the requested amount;
(10) the names and hourly rates of all applicant’s professionals and paraprofessionals who billed time. This should be accompanied by an explanation of any changes in hourly rates from those previously billed; and
(11) a proposed order of the court approving the application.
(b) Categorical Listing of Services.
(1) In a case under any chapter in which the total aggregate amount requested for compensation by a professional is in excess of $100,000.00, the applicant must include a categorical listing of services. Appendix 2016-1 provides a non-exclusive list of suggested project categories.
(2) The description of each category must include the following information:
(A) a heading generally describing the services within the category;
(B) a narrative summary that:
(i) describes the project and its status, including all pending litigation for which compensation and reimbursement are requested; and
(ii) states the number of hours spent and the amount of compensation requested for each professional and paraprofessional on the project.
(c) Non-Attorney Professionals Compensated on Non-Hourly Basis. If the court has previously entered an order approving the employment of a non-attorney who is customarily paid on a non-hourly basis and whose terms of compensation the court has approved as provided in L.B.R. 2014-1(b), then no application for compensation is required for such non-attorney.