(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 of the filing of the petition, 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;
(C) a disclosure of other persons in the same profession who are already or are also to be employed by the applicant, and an explanation of the reason an additional professional is required; and
(D) the verified statement required by FRBP Rule 2014.
(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, when applicable, the FRBP 2016(b) disclosure of compensation. This provision also applies to special counsel under any Chapter.
(c) Nunc Pro Tunc Application
An application filed within thirty (30) days of 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(c). The application may be granted by the Court without hearing. A party in interest who opposes an application for retention may file an objection within twenty (20) days of 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 retain.
(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(c) and opportunity for hearing. Such motion may be filed with 20 day negative notice as provided in L. Rule 9014(a).
(2) Withdrawal from representation of, or substitution as, counsel for parties other than those set forth in subparagraph (1) immediately above may be accomplished by notice filed with the Clerk and served pursuant to L. Rule 9013(c).
(3) In Chapter 13 cases, the trustee shall terminate payments to former counsel for the debtor(s) upon entry of an order allowing withdrawal of counsel until such time as former counsel obtains Court approval of a final fee application.