Local Rule 2014

Employment of Professional Persons

 
(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 Bankruptcy Rule 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 Bankruptcy Rule 2014.
  2.

An application to employ any professional shall have attached a copy of the Rule 2016(b) disclosure of compensation.

 
(c).

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.

 
(d).

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.R. 9013(g). 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 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). Notice of entry of the order approving employment of the professional shall be sent by the Clerk.

Comment: The new local Rule deletes those parts of former Local Rule 2014 which duplicated other rules or which were primarily advisory in nature. The Court may grant an application without hearing, and need not wait until the twenty days has run to see if objections are filed. However, if an objection is timely filed, the court has the authority to vacate, modify, annul, or amend the original order authorizing employment. By the same token, if the court desires to set the application on its own motion, notice of the setting will be sent to those entities reflected in the certificate of service accompanying the application. The rule should be read in such fashion as to permit the court or parties in the case to devise alternative billing and compensation schemes at the early stage of a case, including the use of budgets, status conferences, flat fee arrangements, contingent billing arrangements and the like.