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Proposed revision to Local Rule 2016-1(d) posted for notice and comment

The Judges of the United States Bankruptcy Court for the District of Minnesota have approved for notice and comment changes to Local Rule 2016-1(d). The text of the proposed rule is available below. Comments will be accepted through February 1, 2008.

Comments can be mailed to Lori A. Vosejpka, Clerk of Court, 301 US Courthouse, 300 South Fourth Street, Minneapolis, MN 55415 or sent via e-mail to lori_vosejpka@mnb.uscourts.gov.

Proposed new local rule 2016-1

RULE 2016-1. COMPENSATION OF PROFESSIONAL PERSONS

 

   

(d) DEBTORS' ATTORNEYS IN CHAPTER 13 CASES.

    (1) Preconfirmation Services. A debtor's attorney in a chapter 13 case may request an order allowing or authorizing payment of compensation by simplified application, and the court may issue the requested order without a hearing, provided that the amount of compensation does not exceed $2,000$2,500 for cases below the applicable median family income and $3,000 for cases at or above the applicable median family income, as determined on Official Bankruptcy Form 22C. The simplified application need not comply with Federal Rule of Bankruptcy Procedure 2016 or paragraph (c) of this rule and shall conform substantially to Local Form 2016-1.

    (2) Postconfirmation Services. In a chapter 13 case, an attorney who represents a debtor after confirmation of a plan in resolving motions for relief from stay and motions for dismissal, filing motions for sale of real estate and motions objecting to claims, preparing, serving and filing modified plans, assisting the debtor in preparing and submitting required disclosures under 11 U.S.C. § 521(f)(4), or assisting the debtor in responding to requests for information made in connection with an audit conducted pursuant to 28 U.S.C. § 586(f) may request an order awarding compensation and/or reimbursement of expenses by simplified application, and the court may issue the requested order without a hearing, if the amount of the requested compensation does not exceed $300.00 per application. An attorney who represents a debtor after confirmation of a plan in serving and filing a modified plan may likewise request an order awarding compensation and/or reimbursement of expenses by simplified application if the amount of the requested compensation does not exceed $500.00 per application. The simplified application need not comply with F.R.Bankr.P. 2016 or paragraph (c) of this rule and shall conform substantially to Local Form 2016-1. No more than five applications may be filed under this subdivision in a case, except that applications for services rendered pursuant to 11 U.S.C. § 521(f) will not be counted toward this limit. Any order made under this rule is subject to review at any time.

    (3) Notwithstanding F.R.Bankr. P. 2002(a)(6), notice of applications filed in compliance with this subdivision (d) need not be given.

Publication Date: 
February 19, 2008