(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, and email address 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) With the exception of an application by a chapter 7 trustee for the employment of (a) an
accountant on a flat-fee basis or (b) an auctioneer of personal property with a cumulative,
scheduled value of less than $50,000.00, on a percentage-fee basis, 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. All applications for such employment shall include 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.
(3) In regards to an application by a chapter 7 trustee for the employment of an accountant on a flat
fee basis for the preparation of yearly tax returns for the bankruptcy estate, the trustee needs
only to file one application for the accountant’s employment as long as (a) all future tax returns
will be prepared by the accountant for the same flat fee rate; and (b) the trustee includes a
provision in the proposed order that requires that a notice of disbursement be filed for each
payment made by the chapter 7 trustee to the accountant within 30 days of each payment.
(c) Time of Filing Application.
An application filed within 30 days after the professional's commencing services is deemed
contemporaneous. Any later application is deemed not contemporaneous and may be granted only for
cause shown, and after notice and an opportunity for hearing, and shall be effective as of the date
the application was filed, unless the Court orders otherwise.
(d) Procedure.
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-2014-1 must be served on entities pursuant to L. Rule
9013-1. The application may be granted by the Court without a 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.
L. Rule 2007.2-1. APPOINTMENT OF PATIENT CARE OMBUDSMAN IN A HEALTH CARE BUSINESS CASE | LOCAL COURT RULES INDEX | L. Rule 2015-1. DUTY TO KEEP RECORDS, MAKE REPORTS, AND GIVE NOTICE OF CASE |