Part II - Notice, 341, Attorney, Trustee, Ch 11

2002-1     NOTICE TO CREDITORS & OTHER INTERESTED PARTIES  
  
Pursuant to the provisions of F.R.B.P. 2002, the movant or applicant shall send all notices except that the clerk, a standing trustee or the U.S. Trustee shall send the following notices:     
  1. The original meeting of creditors pursuant to Section 341;
  2. The discharge hearing notice;
  3. The order for relief;
  4. The hearing on the dismissal or conversion of a case to another chapter;
  5. The time fixed for filing claims pursuant to 3003(c);
  6. Notice of denial or revocation of discharge pursuant to 11 U.S.C. § 727; and
  7. Applicable bar dates.
The clerk may delegate noticing responsibilities to the Bankruptcy Noticing Center.
 
 

2002-2     NOTICE TO UNITED STATES OR FEDERAL AGENCY

Failure to properly notice the United States will result in its interests being unaffected by the particular proceeding.
 

A. Schedules and Matrix. When notice is required to be given to the United States pursuant to F.R.B.P. 2002(j), the schedules and mailing matrix must include the following
1. If the United States is a creditor--all chapters:
(a) Name of agency and its headquarter's address;
(b) Name of agency and its local field office address; and
(c) Name of agency and the address of the United States Attorney for the Western District of Louisiana.
2. District Director of Internal Revenue and the address for the District in which the case is pending; and
3. As applicable in specific cases, the following entities with proper addresses 
(a) Securities and Exchange Commission;
(b) Commodity Futures Trading Commission;
(c) Secretary of Treasury;
(d) Secretary of Transportation;
(e) Department of Commerce; and
(f) Securities Investors Protection Corporation.
B. Service. Service on the United States and its officers or agencies must be made on the agencies indicated in this part if required by F.R.B.P. 2002; and, also, as specifically set forth in F.R.B.P. 7004(b)(4) and (5) and 9014. Pursuant to STANDING ORDER Re: Notice to and Service upon the United States of America which became effective October –, 2009, the most recent addresses of the agencies of the United States shall be listed on the official website maintained by the Clerk of the Bankruptcy Court and may, from time to time, be changed by the Assistant United States Attorney, or his successor, requesting such change to the Clerk of the Bankruptcy Court, without further Order of this Court.
 
2003-1      MEETING OF CREDITORS & EQUITY SECURITY HOLDERS
 
When a case is filed, the U.S. Trustee shall assign a 341(a) meeting date. The clerk or the U.S. Trustee shall provide notice of the original 341(a) meeting date pursuant to F.R.B.P. 2002. Debtor’s attorney and the debtor(s) shall attend the 341(a) meeting.
A. Attorney's Failure to Attend. If the debtor's attorney does not attend the 341(a) meeting, the U.S. Trustee shall file a motion for appropriate sanctions against the attorney.
B. Rescheduling 341(a) Meeting. Rescheduling of the 341(a) meeting shall be for good cause only. Any request to reschedule the 341(a) meeting shall be made to the United States Trustee pursuant to the instructions provided on the official website for the United States Trustee, Region 5: www.usdoj.gov/ust/r05/index.htm. The debtor(s) or any party at interest may make such request. In the event that the U.S. Trustee grants any requests to reschedule the 341(a) meeting, then the U.S. Trustee shall provide movant with a written notice to that, including the date and time of the rescheduled meeting. The requesting party shall send a copy of the notice to the debtor(s) and all parties in interest pursuant to F.R.B.P. 2002(a)(1) and shall promptly file with the clerk a Certificate of Service of that notice and send a copy of the certificate to the U.S. Trustee.
C. Dismissal of Case, or Hearing if Not Rescheduled. Failure of the debtor to attend the §341(a) meeting will normally result in the dismissal of the voluntary case on ex parte motion of the United States Trustee or Standing Trustee accompanied by an affidavit attesting the failure of the debtor(s) to both attend and request to reschedule the meeting.

2004-1      DEPOSITIONS AND EXAMINATIONS
 
A motion for an order requesting a F.R.B.P. 2004 examination must state that movant has made reasonable efforts to arrange a mutually satisfactory date, time and place for the examination and that the entity to be examined has agreed to the schedule or has refused to cooperate in establishing a schedule. A motion and order for a 2004 examination which does not make such a declaration shall not be granted by the court.

2014-1      EMPLOYMENT OF PROFESSIONALS
 
Application for Employment of Professional Persons. All applications by standing trustees and panel trustees, and applications by debtors-in-possession in reorganization cases to employ attorneys or other professional persons (or motions to substitute a professional person in such matters) shall comply with F.R.B.P. 2014 and Local Bankruptcy Rule 9009-1 Forms 1(a), 1(b) and 1(c). All applications for the approval of the employment of professional persons under this section shall be served upon the United States Trustee and shall be accompanied by a certificate of service in accordance with Local Bankruptcy Rule 9013-3. All applications for appointment of counsel for Chapter 11 debtors must comply fully with F.R.B.P. 2014, the Orders allowing approval must be submitted after the delay set forth in F.R.B.P. 6003, and must also include a Supplemental Schedule providing accurate and complete answers to the following questions:
Supplemental Schedule
  1. Does any debtor have any affiliates as defined by 11 U.S.C. § 101(2)?
    If any debtor in this case has any affiliates as defined by 11 U.S.C. § 101(2), list the affiliate(s) and explain the relationship between debtor and the affiliate(s). If no debtor has any such affiliates, do not answer the remainder of this Schedule.
  2. Has any affiliate ever filed for bankruptcy? If yes, list the affiliate(s) and the date and court for each bankruptcy petition and the chapter under which the petition was filed. If any affiliate files after this schedule is filed, debtor's counsel must amend this schedule and notice all creditors and the judge assigned to the case.
  3. Has any affiliate guaranteed any debt of debtor(s) or has the debtor guaranteed any debt of any affiliate? If yes, list the name of the affiliate, the amount of the guarantee, the date of the guarantee, the name of the guarantor, the name of the debtor, and whether any security interest was given by debtor or the affiliate to secure the guarantee. Give this information for every guarantee outstanding at the time of the debtor's Chapter 11 petition, and every guarantee outstanding within 18 months before the petition was filed.
  4. Has any affiliate extended credit, received credit, or otherwise established a debtor-creditor relationship with debtor(s)? If yes, list the name of the affiliate, the amount of the loan, the date the loan was made, the repayments made on the loan, and the type of security interest, if any, involved in the loan. Give this information for all loans that have been made and fully paid off within 18 months preceding this Chapter 11 filing and for all loans outstanding at the time of the filing.
  5. Has any debtor in this case granted any security interest in any property to secure any debts of any affiliate other than as provided in Questions 3 and 4? Has any affiliate granted any security interest in any property to secure any debts of any debtor other than as provided in Questions 3 and 4? If yes, list the affiliate, the debtor, the collateral, the date and nature of the security interest, the creditor to whom it was granted, and the current balance of the underlying debt.
  6. Has any affiliate engaged in any other transaction with any debtor in this case during the past 18 months? If yes, briefly describe the transaction(s).
  7. List the name and address of any affiliate who potentially is a "responsible party" for unpaid taxes of any debtor in this case. State the estimated amount of such taxes owed at the time of the Chapter 11 filing.
  8. Identify any affiliates employed by the debtor and describe the function or role they perform. Identify any relative or partner or equity security holder employed by the debtor and describe the function or role performed and the amount of compensation received.
  9. List all circumstances under which proposed counsel or proposed counsel's law firm has represented any affiliate during the past 18 months. List any position other than legal counsel which proposed counsel holds in either the debtor or affiliate including corporate officer, director, or employee. List any amount owed by the debtor or the affiliate to proposed counsel or counsel's law firm at the time of filing, and also amounts paid within 18 months before filing.
2015-1      TRUSTEES-GENERAL
 
The United States Trustee shall appoint trustees in accordance with 11 U.S.C. § 701 and 28 U.S.C. § 586. Interim Trustees shall be assigned to Chapter 7 cases from a blind rotation list according to procedures established between the clerk and the U.S. Trustee or designee.
 

2015-2      DEBTOR IN POSSESSION DUTIES
 
The duties of the debtor in possession shall be set forth in the "Order to Debtor-in-Possession" (set forth in the Guide to Practice or on the official website: http://www.lawb.uscourts.gov as such form may be modified from time to time or as determined by the Court. The Order to Debtor-in-Possession shall be executed by the court and filed at the commencement of every Chapter 11 case.
 
 
2016-1      COMPENSATION OF PROFESSIONALS
 
In making a determination on attorneys' fees and fee applications by professionals other than attorneys, the court shall consider the factors announced by the Fifth Circuit Court of Appeals in the case of In the Matter of First Colonial Corp. of America, 544 F.2d 1291 (5th Cir.1977) and Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974), with such changes as may result from continuing jurisprudence or statutory amendment.
A. Factors Relative to Quality of Representation. Among other factors, the court shall consider with respect to the determination of the quality of representation, whether counsel has correctly and effectively performed his duties, including particularly:
  1. Whether the debtor was thoroughly interviewed prior to filing;
  2. Whether schedules and pleadings are accurate, complete, and professional;
  3. The efficiency with which the case was conducted;
  4. Whether counsel has been diligent within the rules of professional responsibility to assure that his client fulfills his statutory duties and his duties imposed by the court order;
  5. Whether counsel has fully discharged his ethical responsibilities to his client and his professional responsibility to the court;
  6. Whether counsel has promptly attended all hearings and has professionally represented his client at those hearings.
B. Data Supplied in Substantiation of Fees. To allow the court to efficiently consider the applicable criteria, an application for professional's fees shall include the information listed below. (A sample format appears at Local Bankruptcy Rule 9009-1 Form No. 7).
1. The caption of the application shall recite the name of debtor, the case number, and a heading "Application for Compensation.” The caption shall state whether this is the first, second, etc., or final application for compensation and on whose behalf it is filed. The application shall recite the following:
(a) The date the debtor filed the petition;
(b) The date the court authorized the employment of the applicants;
(c) If it is a first application, it shall recite the retainer received by the applicant. If it is a subsequent application, it shall state the date of all prior applications and the amounts approved by the court;
(d) Any list of extraordinary circumstances involved in the case. As a guide, the factors set out in Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974) should be considered. If the case does not involve extraordinary factors concerning an item, the applicant should state "None" or "not applicable.” Those factors are:
(1) The novelty and difficulty of the questions;
(2) The skill required to perform the legal services properly;
(3) The preclusion of other employment;
(4) The customary fee;
(5) Whether the fee is fixed or contingent;
(6) Time limitations imposed by the client or circumstances;
(7) The amount involved and the results obtained;
(8) The experience, reputation and ability of the attorney;
(9) The "undesirability" of the case;
(10) The nature and length of the professional relationship;
(11) Awards in similar cases.
(e) The period covered by the Application;
(f) The amount requested for legal services; and
(g) The amount requested for expenses.
2. Attached to the application shall be exhibits which include the following:
(a) A chronological listing of all the time for which the application is requesting compensation, whether it be attorney, paralegal, or law clerk time; the list should show the amount of time devoted to the case on each date and the legal services performed in that time.
(b) A summary sheet which shows by project category:
(1) The amount of time spent by each attorney and the hourly rate;
(2) The amount of time spent by law clerks and the hourly rate; and
(3) The amount of time spent by paralegals and the hourly rate.
(c) A summary sheet which itemizes all expenses, including copies, telephone charges, courier services, witness fees, postage, mileage, etc.
(d) A statement of the legal experience of the attorneys and paralegals involved. Comments concerning the reputation and ability of these individuals may be attached.
C. Applications for Attorneys' Fees. Applications for attorneys' fees shall be filed prior to or accompanied by the notice of the hearing on the same although the notice need not attach a copy of the attorney fee application. The notice may refer to the application on file in the clerk's office, but no hearing will be held or determination reached on a fee application not timely filed with the notice.
D. Notice and Hearing of Fee Applications. The notice for a hearing on an application for attorneys' fees shall require objections to be filed at least seven (7) days prior to the date set for the hearing. There shall be a hearing on each application for attorneys' fees and/or reimbursement of expenses totaling in excess of $1,000.00. Counsel shall attend the hearing.
 
 
2016-2      CHAPTER 11-GENERAL
 
Absent specific authorization from the court, no compensation or other remuneration shall be paid, from assets of the estate, to any present or former insider, affiliate, officer, director, or equity-security holder as set forth in 11 U.S.C. § 101. All applications for compensation under this rule shall be accompanied by a sworn disclosure, by the applicant, of all previous compensation, from any source, for services related to the debtor's proceeding. Further, all applications under this
rule shall conform to the following sub-sections, where and as applicable:
A. The Bankruptcy Court may authorize compensation, commensurate with prepetition salaries, to a director or an officer, other than one who is also an "equity security holder," "affiliate," or "insider," as defined in Section 101 of the Bankruptcy Code, upon ex parte application, provided that written notice of the authorizing order shall be served in conformity with Local Bankruptcy Rule 4001-1(C), and upon such other parties as the court may direct. The notice
of the order shall state that objections to the order may be filed, and a hearing conducted, if and only if an application to discontinue such compensation, with a request for hearing, is timely filed.  An ex parte application under this sub-section shall include a sworn declaration that the applicant is neither an "affiliate," nor an "insider," nor an "equity security holder" as those terms are defined in § 101 of the Bankruptcy Code.
B. The court may authorize compensation for equity-security holders, insiders, or affiliates, under circumstances considered reasonable by the court, upon ex parte application provided that a hearing to confirm or revoke such authorization shall be conducted after written notice of the order is served and a hearing scheduled in accordance with Local Bankruptcy Rule 9013-3.
C. If an application filed under sub-section A or B of this rule is denied by the court, the applicant may refile the application with a request for a hearing, in conformity with Local Bankruptcy Rule 9013-3 and upon twenty-one (21) days notice. After the hearing, the court may approve the application for good cause shown.
D. Any application under this rule approved by the court under sub-section A, B or C, may be terminated for good cause on motion of the U.S. Trustee or other party in interest after notice and a hearing.
E. In determining "good cause" under section D of this rule, the court will consider the following non-exclusive list of factors:
1. Whether the monthly reports required under Local Bankruptcy Rule 2015-2 reflect that the debtor is operating continuously at a deficit;
2. Whether or not monthly reports have been timely filed during the bankruptcycase;
3. The likelihood of a successful rehabilitation;
4. The debtor's prepetition history, including evidence of seasonal variations ineconomic performance;
5. Any other factors the court deems relevant to the inquiry.
 
2090-1      ATTORNEYS- ADMISSION TO PRACTICE
 
All attorneys appearing in Bankruptcy Court for the Western District of Louisiana must be admitted to practice in the Western District of Louisiana in accordance with Uniform Local Rule 83.2.3W. All Applications to Appear Pro Hac Vice must conform to Uniform Local Rule 83.2.6W.