(a) By Whom Application Made.
An application to approve the employment of a professional person shall be made and signed by the entity seeking to employ that person.
(b) Content of Application.
(1) In addition to the information required by FRBP 2014, the application must also contain the following:
(A) the date the petition was filed, the Chapter under which the petition was filed, and (if applicable), the date the case was converted and the Chapter under which the application is currently pending;
(B) the mailing address, telephone number, fax number, and email address (if available) of the professional person to be employed; and
(C) a disclosure of other persons in the same profession who are already or will be employed by the applicant, and an explanation of the reason an additional professional is required.
(2) An application to employ any professional under 11 U.S.C. § 327, 1103, or 1114 shall include a copy of the contract setting forth the terms of compensation and the FRBP 2016(b) disclosure of compensation. The Court recommends that any proposed form of order granting an application to employ include language stating that settlement funds shall not be disbursed without prior court approval.
(c) Nunc Pro Tunc Application.
An application filed within 30 days after the professional's commencing services is deemed contemporaneous. Any later application is deemed nunc pro tunc and may be granted only for cause shown, and after notice and an opportunity for hearing.
An application to employ a professional person is a contested matter. The application or a summary of the application in the form of Appendix L-2014 must be served on entities pursuant to L. Rule 9013(d). The application may be granted by the Court without hearing. A party in interest who opposes an application for employment may file an objection within 21 days after the date of service of the application summary, and such objection shall be set for hearing notwithstanding the Court's order granting the application to employ.
(e) Withdrawal and Substitution of Counsel.
(1) Withdrawal from representation of, or substitution as, counsel for the debtor, an official creditors’ committee, or the trustee must be done upon motion with notice pursuant to L. Rule 9013 and opportunity for hearing. Such motion may be filed with 21-day negative notice as provided in L. Rule 9014(a).
(2) Withdrawal from representation of, or substitution as, counsel for parties other than those described in subparagraph (1) above may be accomplished by notice filed with the Clerk and served pursuant to L. Rule 9013(d).