Employ a Professional (Application)

Rev. 1/25/2019

 

Fed R. Bank. P. 2014

Miss. Bankr. L.R. 2014-1

 

11. U.S.C. § 327

 

 

An application to employ a professional must include:  See Fed. R. Bank. P. 2014(a)

 

  •  the following:

 

    • the specific facts showing the necessity for the employment.
    • the name of the person to be employed.
    • the reasons for the selection.
    • the professional services to be rendered.
    • any proposed arrangement for compensation. (When employing multiple attorneys the application must disclose a specific allocation of fees by percentage. See Miss. Bankr. L.R. 2014-1(a)(1).

 

  • a verified statement of the person to be employed disclosing the person's connections with:

 

    • debtor
    • creditors
    • any other party-in-interest and their respective attorneys and accountants
    • the United States Trustee and any employee in the Office of the United States Trustee.

 

 

The June 1, 2018 amendment to Rule 2014-1 requires:

  • the application to employ multiple professionals on a contingency basis must include a specific allocation of fees by percentage. See Miss. Bankr. L.R. 2014-1(a)(1).

  • the order employing the professional may not approve the professional's fee contract or compensation. See Miss. Bankr. L.R. 2014-(a)(2).

  • the application to make the employment retroactive must explain

    • (1) why the application was not filed earlier;

    • (2) why the order employing is required nunc pro tunc; and

    • (3) how approval of the application may prejudice any party.  See Miss. Bankr. L.R. 2014-1(c)(2).

 

 

 

 

 

Docket Event:

 

[Bankruptcy> Motions/Applications> Employ (Do Not Use to Employ/Appoint an Examiner)]

 


Chapter 11 Requirements


 

KMS Cases

NPO Cases

Application with Certificate of Service and verified statement

Application with Certificate of Service and verified statement

21 day notice to all creditors and parties-in-interest

21 day notice to all creditors and parties-in-interest

Proposed Order

Proposed Order

 

To employ debtor's counsel see Employ Debtor's Attorney in Chapter 11 Case

 


Chapter 7,  12, or 13 Requirements


 

KMS Cases

NPO Cases

Application with Certificate of Service and verified statement

Application with Certificate of Service and verified statement

Proposed Order

Proposed Order