Part II - Notice, 341, Attorney, Trustee, Ch 11
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:
The original meeting of creditors pursuant to Section 341;
The discharge hearing notice;
The order for relief;
The hearing on the dismissal or conversion of a case to another chapter;
The time fixed for filing claims pursuant to 3003(c);
Notice of denial or revocation of discharge pursuant to 11 U.S.C. § 727; and
Applicable bar dates.
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.
(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.
(b) Commodity Futures Trading Commission;
(c) Secretary of Treasury;
(d) Secretary of Transportation;
(e) Department of Commerce; and
(f) Securities Investors Protection Corporation.
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
2014-1 EMPLOYMENT OF PROFESSIONALS
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.
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.
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.
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.
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.
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).
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.
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.
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.
2015-2 DEBTOR IN POSSESSION DUTIES
Whether the debtor was thoroughly interviewed prior to filing;
Whether schedules and pleadings are accurate, complete, and professional;
The efficiency with which the case was conducted;
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;
Whether counsel has fully discharged his ethical responsibilities to his client and his professional responsibility to the court;
Whether counsel has promptly attended all hearings and has professionally represented his client at those hearings.
(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:
(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.
(b) A summary sheet which shows by project category:
(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.
(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.
rule shall conform to the following sub-sections, where and as applicable:
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.
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:
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.