You are here

RULE 2016-1. COMPENSATION OF PROFESSIONALS

Chapter: 
PART II. OFFICERS/ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS/ACCOUNTANTS

A.     Fee Applications

1.     Mandatory Application.  Subject to paragraph 4 below, applications for allowance of compensation for services and reimbursement of expenses shall be filed when Court approval of compensation is required under 11 U.S.C. § 330.  Except in Chapter 7 cases, a fee application must also be filed if the debtor’s attorney received a pre-petition bankruptcy retainer or payment from property of the debtor, or from property of a person or entity other than the debtor, even if no further compensation is sought in connection with the bankruptcy case.  Applications for compensation and reimbursement of expenses shall comply with the national fee guidelines promulgated by the Executive Office for United States Trustee pursuant to 28 U.S.C. § 586(a)(3)(A)(i) and any Policy of the United States Trustee for Region 13 for Implementation of Fee Guidelines.

2.     Time to File.  All applications by professionals for compensation and reimbursement of expenses from property of the estate shall be filed with the Clerk before the case is closed.  If a trustee has been appointed in the case, the trustee shall give all professionals, retained by the debtor with Court approval, 14 days’ notice of the trustee’s intention to file the final report and account so as to provide such professional with an opportunity to file an application before the notice of hearing on the trustee’s final report and account.  In any case in which interim compensation has been approved, the professional for whom interim compensation was approved must file a final fee application.

3.      Contents.  Unless otherwise ordered, a time summary exhibit, constructed from contemporaneously kept time records, shall be attached to all fee applications.  The exhibit shall state the dates, the number of hours spent and estimated to be spent in the future to tenths of an hour on particular tasks, a concise statement of the task, the identity of the individual performing the work, the relationship of the service to the estate, and the value thereof.  If the application seeks compensation for future services, the exhibit shall also state an estimate of the number of hours to be expended in future services.  All fee applications shall disclose all fees paid to the applicant, including pre-petition payments for services rendered or to be rendered in connection with the case.  The description of legal services and expenses shall also include services and expenses to be compensated from a pre-petition retainer, if any.

4.     Chapter 13 Fee Applications.  Notwithstanding any of the foregoing provisions to the contrary, debtor’s attorney fees in Chapter 13 cases shall be requested and awarded only in accordance with the No-Look Compensation Plan set forth in Appendix "K."

B.     Compliance with Neb. R. Bankr. P. 9013-1.  Applications by professionals for compensation and reimbursement of expenses shall be filed and served pursuant to the provisions of Neb. R. Bank. P. 9013-1.