General Order 2021-2; Chapter 13 Ex Parte Attorney Fee Request Procedure; Sample Motion for Attorney Fee Request

=== General Order 2021-2 ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA IN THE MATTER OF HYBRID MODEL PLAN FOR CONDUCT OF HEARINGS § § § GENERAL ORDER 2021-2 § AMENDED GENERAL ORDER IMPLEMENTING HYBRID MODEL PLAN FOR CONDUCT OF HEARINGS1 Effective October 4, 2021, the Court hereby terminates the Protocol Period identified in Amended General Order 2020-2 Adopting Hearing Protocols That May Be Implemented Under Certain Public Health And Safety Conditions issued by this Court on May 4, 2020, and revokes the protocols outlined in that Order regarding the manner in which the Court conducts hearings in all bankruptcy cases and proceedings in this District. Beginning October 4, 2021, this Court adopts the attached Hybrid Model Plan, which will be implemented to conduct hearings in all bankruptcy cases and proceedings in this District as the Court, practitioners, and parties continue to adapt to ongoing concerns and risks associated with the spread of the Coronavirus Disease (COVID-19) and its variants. This General Order supersedes General Orders 2020-2 and 2020-5. As necessary, the Court will tailor the application of provisions of the Hybrid Model Plan in any individual case. SO ORDERED. New Orleans, Louisiana, this 22nd day of September, 2021. ________________________________________ MEREDITH S. GRABILL UNITED STATES BANKRUPTCY JUDGE 1 This Order is amended and effective as of July 8, 2025, to update the protocol for filing and noticing for hearing motions to lift/modify the automatic stay in chapter 13 cases to include the option of filing a Notice of Consent To Continue Chapter 13 Lift-Stay Preliminary Hearings and Certificate of Service. See infra Subpart G(3)(b). Effective July 8, 2025 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA HYBRID MODEL PLAN FOR CONDUCT OF HEARINGS A. Purpose of the Hybrid Model Plan for Conduct of Hearings This Hybrid Model Plan provides instruction regarding the manner in which the Court will conduct hearings in all bankruptcy cases and proceedings in this District going forward as the Court, practitioners, and parties continue to adapt to ongoing concerns and risks associated with the spread of the Coronavirus Disease (COVID-19) and its variants. The Court intends to ensure due process while minimizing attendance costs, maximizing the Court’s flexibility to address the specific needs of individual cases, and safeguarding the health and safety of Court staff, practitioners, and parties. B. Safety Precautions All individuals attending in-person hearings in this Court must adhere to applicable General Orders issued by the United States District Court governing conduct and safety protocols required to enter the federal building located at 500 Poydras Street, New Orleans, Louisiana. Those Orders can be found at: https://www.laed.uscourts.gov/. C. General Procedures for Remote Participation at Non-Evidentiary Hearings No motion is required to participate in hearings remotely before Judge Grabill. Dial-in Telephone No.: 504.517.1385 Conference Code: 129611 Video Participation: https://gotomeet.me/JudgeGrabill Meeting Code: “JudgeGrabill” *Audio connections by telephone are required for all video participants* 2 Effective July 8, 2025 1. Telephonic Participation You will be responsible for your own long-distance charges. Once the dial-in process is completed, you will be connected live to the courtroom. Once you are connected, you will be able to hear persons speaking in the courtroom and other persons on the call addressing the Court. The Court and all other parties will hear all sound on your line, so please mute your line when you are not addressing the Court. Parties are encouraged to use headsets or earbuds. Parties in interest participating telephonically are instructed to place their line on mute either by pressing the “mute” button on your telephone, or by pressing *6. To unmute your line, press the “mute” button on your telephone, or *6 again. Do not unmute your line until you need to address the Court. Once you are finished speaking, you must mute your line again. 2. Video Participation Video participation in hearings is available through the GoToMeeting platform. To use GoToMeeting, the Court recommends that you download the free GoToMeeting application prior to the hearing. A mobile version of the application is also available for IOS and Android devices. If a browser connection is used, Chrome is generally recommended as the preferred browser. The GoToMeeting URL is https://gotomeet.me/JudgeGrabill. The meeting code is “JudgeGrabill” (link also available at https://www.laeb.uscourts.gov/). If a technological problem arises, the hearing will continue without the participation of dial-in / GoTo participants. The Court will not delay hearings for signal problems or interference. Accordingly, persons choosing to attend a hearing remotely do so at their own risk of a technological failure. 3 Effective July 8, 2025 D. Procedures Regarding Remote Participation in Evidentiary Hearings and Trials Federal Rule of Civil Procedure 43 applies to the taking of testimony. In-person participation in evidentiary hearings and trials is presumed. The Court will allow remote testimony upon a showing of good cause in compelling circumstances and with appropriate safeguards in place, including assurances that witnesses will give testimony independently, without assistance or coaching. If the Court authorizes remote participation in an evidentiary hearing or trial, the Court’s audio and video connections may be utilized only by 1. the parties to the proceedings; 2. other parties in interest, including creditors and interest holders; 3. attorneys, other professionals, and their staff acting on behalf of a party or party in interest; 4. witnesses; 5. other persons necessary to conduct the hearing or trial; and 6. other persons specifically authorized by the Court. The Court’s determination that emergency or expedited consideration of a matter is required constitutes good cause in compelling circumstances and, thus, remote witness testimony will be allowed. In all other instances, the following protocol applies to any party desiring to call a witness to testify remotely: 1. At least fourteen (14) days prior to the evidentiary hearing or trial, the Witness Proponent must file and properly serve a “Notice of Intent To Call Live Witness by Telephone and Video Technology” in the form attached as Exhibit A to this Order and available at https://www.laeb.uscourts.gov/forms/, and demonstrate good cause in compelling circumstances required by Rule 43 by listing reasons for providing testimony remotely. If no party in interest objects within seven (7) days prior to the evidentiary hearing or trial, the witness will be allowed to testify remotely using the Court’s audio and video connections. 2. If a party in interest files and properly serves an objection to the “Notice of Intent To Call Live Witness by Telephone and Video Technology” within seven (7) days 4 Effective July 8, 2025 prior to the evidentiary hearing or trial, the Court will schedule a hearing to rule on the objection prior to the scheduled evidentiary hearing or trial. 3. If the Court sustains the objection, both the witness and the objecting party in interest must appear in person at the scheduled evidentiary hearing or trial. E. Filing of Witness and Exhibit Lists and Exchange of Exhibits in Contested Matters 1. This rule does not apply to trials and pretrial deadlines set in adversary proceedings; those deadlines are governed by stand-alone Scheduling Orders issued in individual adversary proceedings. 2. Unless otherwise directed by the Court, this rule shall apply to all contested matters in which a response is filed and an evidentiary hearing is scheduled except for hearings held during a chapter 13 panel, such as hearings on motions to dismiss chapter 13 cases. 3. For purposes of this rule, an emergency evidentiary hearing is one set by docket entry on less than 72 hours’ notice or is expressly delineated as such in an Order of this Court. 4. In preparation for evidentiary hearings NOT scheduled on an emergency basis, counsel for each party shall exchange electronic copies of exhibits using an agreed-upon format (i.e., e-mail, Dropbox) and also file witness & exhibit lists with exhibits into the record by noon on the Day of Exchange in accordance with Table One: TABLE ONE: NON-EMERGENCY EVIDENTIARY HEARINGS Scheduled Day for Evidentiary Hearing Monday Tuesday Wednesday Thursday Friday Day of Exchange Previous Wednesday Previous Thursday Previous Friday Previous Monday Previous Tuesday 5. In preparation for evidentiary hearings scheduled on an emergency basis, counsel for each party shall exchange electronic copies of exhibits using an agreed-upon format (i.e., e-mail, Dropbox) and also file witness & exhibits lists with exhibits into the record by noon on the Day of Exchange in accordance with Table Two: TABLE TWO: EMERGENCY EVIDENTIARY HEARINGS Day of Exchange Previous Friday Previous Monday Previous Tuesday Previous Wednesday Previous Thursday Scheduled Day for Evidentiary Hearing Monday Tuesday Wednesday Thursday Friday 5 Effective July 8, 2025 6. If the Day of Exchange is a legal holiday, the Day of Exchange is the preceding Day of Exchange. 7. If a hearing is set on less than 48 hours’ notice, then exhibits must be exchanged as the earliest practicable time. 8. When filing witness & exhibit lists as well as exhibits into the record, each exhibit must be filed as a separate attachment to the exhibit list and must be identified and offered into evidence by reference to the CM/ECF docket number of the filed exhibit. All exhibits that are more than 10 pages in length must be numbered or Bates-labeled. 9. Witness lists must identify whether each witness is to be called as a fact witness or as an expert. If no delineation is made, the witness will only be allowed to testify as a fact witness unless otherwise ordered by the Court or the witness is an owner of the property at issue opining as to value. 10. If counsel has identified expert witnesses on the witness list, then counsel must ensure that written reports of expert witnesses are timely provided to opposing counsel. Unless otherwise ordered by the Court, expert reports shall be delivered to opposing counsel by noon on the Day of Exchange in accordance with Table One. Notwithstanding the foregoing, no expert reports shall be required for (i) owners of property opining as to the value of the property at issue and (ii) attorneys providing expert testimony regarding the reasonableness and amount of attorneys’ fees. 11. The failure to comply with this rule may be grounds for the denial of the admission of any or all exhibits and the exclusion of witness testimony. 12. Counsel may bring hard copies of exhibits as a courtesy to witnesses and for their own use; however, they are not required and will not be accepted for use by the Court or the Courtroom Deputy. Counsel is expected to present and offer exhibits into evidence using the GoToMeeting platform. Please consult the Court’s Web site (https://www.laeb.uscourts.gov/hearings-technical-help) or contact Allen McIlwain, or [email protected] or Scott Anderson, Systems Administrator, at 504.589.7870 or [email protected] for instructions on presenting evidence in the courtroom using GoToMeeting. 504.589.7800 Courtroom Deputy, at F. Section 341 Meetings of Creditors Meetings of creditors conducted by the United States Trustee’s Office, the Standing Chapter 13 Trustee’s Office, and/or Panel Chapter 7 Trustees pursuant to 11 U.S.C. § 341 will be held remotely in the manner prescribed by those offices. Parties and counsel are responsible for 6 Effective July 8, 2025 monitoring the Web sites hosted and communications generated by those offices for information regarding the manner in which § 341 meetings of creditors will be held. G. Conduct of Hearings: Chapter 13 Hearings2 1. Wednesday Motion Day: All matters that are considered on regularly scheduled Wednesday chapter 13 motion days beginning at 8:30 a.m. will continue to be heard VIA TELEPHONE ONLY until further notice. This includes motions and claim objections filed by the Chapter 13 Standing Trustee, debtors, and creditors, as well as confirmation hearings. This docket will continue to be organized and called by the last name of the Debtor’s attorney, with pro se matters called first. 2. Section 362(c)(3) & (4) Motions: Evidentiary hearings to consider motions to extend or impose the automatic stay are regularly scheduled on two Mondays per month at 2:00 p.m. Debtors and debtors’ counsel, as well as any party in interest who intends to cross-examine the debtor(s), must appear IN PERSON. Any other party in interest may present legal argument via the Court’s Teleconference Line without leave of Court either pro se (individuals only) or through counsel admitted to practice in this Court. 3. Section 362(d) Motions: Hearings to consider motions to lift or modify the automatic stay are regularly scheduled on one Monday per month at 2:30 p.m. and will continue to be heard VIA TELEPHONE ONLY until further notice. a. Creditors who file motions to lift or modify the automatic stay must select and notice the hearing on the next scheduled motion day regardless of whether that date provides for 21 days’ notice to parties in interest. The Court will treat the hearing as a preliminary hearing in satisfaction of 11 U.S.C. § 362(e)(1) and will continue the hearing to the next scheduled motion day to consider the motion to lift/modify the stay on a final basis. b. In connection with the protocol described above, creditors may contemporaneously file a “Notice of Consent To Continue Chapter 13 Lift-Stay Preliminary Hearing and Certificate of Service,” substantially in the form attached hereto as Exhibit B, using the event code available in CM/ECF. If such notice is filed, the Court will enter a memo to record continuing the preliminary hearing for the lift-stay motion to the next scheduled hearing date and will treat that hearing as a final hearing; oppositions to the lift-stay motion must then be filed on a date in compliance with this Court’s Local Rules. 2 For the dates and times of all regularly scheduled hearings in cases filed under chapters 7, 11, or 13, please consult the Court’s Web site at https://www.laeb.uscourts.gov/judges-info/hearing-dates/judge- meredith-s-grabill-motion-days. 7 Effective July 8, 2025 4. Continuation of Hearings. After an initial or preliminary hearing is held to consider a motion that has been properly served and noticed for hearing pursuant to the Federal Rules of Bankruptcy Procedure and this Court’s Local Rules and the Court finds that a continuance of the hearing is required, Courtroom Deputies will enter memos to record to continue hearings on plan confirmation, motions to dismiss filed by the Chapter 13 Standing Trustee, and motions to terminate or modify the automatic stay when the Court orders continuances. That method will provide sufficient notice of the continuance to parties in interest receiving electronic notice through this Court’s CM/ECF system. For cases filed by pro se debtors, the Court will continue to issue Orders continuing hearings on such motions; those Orders will require service pursuant to the Federal Rules of Bankruptcy Procedure and this Court’s Local Rules. H. Conduct of Hearings: Chapters 7 and 11 Hearings 1. Wednesday Motion Day: Unless otherwise ordered, parties in interest and their counsel may attend regularly scheduled Wednesday chapter 7 and 11 motions days beginning at 1:00 p.m. (i) in-person; (ii) by telephone only (Dial-in 504.517.1385, Access Code 129611); or (iii) by telephone using the dial-in number and video using https://gotomeet.me/JudgeGrabill without leave of Court. 2. Section 524(c) Applications: Evidentiary hearings to consider chapter 7 debtors’ applications to reaffirm debts are regularly scheduled on two Mondays per month at 9:00 a.m. Debtors, debtors’ counsel, as well as any party in interest who intends to cross-examine the debtor(s), must appear IN PERSON. Any other party in interest may present legal argument via the Court’s Teleconference Line without leave of Court either pro se (individuals only) or through counsel admitted to practice in this Court. I. Conduct of Hearings: Complex Cases 1. Omnibus Hearing Dates: Unless otherwise ordered, parties in interest and their counsel may attend regularly scheduled Omnibus Hearing Dates (i) in-person; (ii) by telephone only (Dial-in 504.517.1385, Access Code 129611); or (iii) by telephone using https://gotomeet.me/JudgeGrabill without leave of Court. number dial-in video using and the 2. The above-listed procedures governing the conduct of hearings in Subparts D & E are applicable to proceedings in complex cases. J. Conduct of Hearings: Consensual Plan Confirmation Hearings in Subchapter V 1. Pursuant to General at Order https://www.laeb.uscourts.gov/orders, the Court has dedicated one date each month for the purpose of holding evidentiary hearings to consider confirmation of consensual plans filed under 11 U.S.C. §§ 1181–1195. Refer to General Order 2024-5 for instructions. available 2024-5, 8 EXHIBIT A UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA IN RE: ______________________________, DEBTOR. ______________________________, PLAINTIFF, V. ______________________________, DEFENDANT. SECTION A CHAPTER ____ CASE NO. _______________ § § § § § § § § § § ADV. NO. _________________ § § § § § § § NOTICE OF INTENT TO ADDUCE TESTIMONY FROM A REMOTE LOCATION BY TELEPHONE AND VIDEO TECHNOLOGY 1. This Notice is filed pursuant to Amended General Order 2021-2 (last amended July 8, 2025). 2. This Notice pertains to the evidentiary hearing or trial scheduled for hearing on the following date(s) and time(s): 3. The party filing this Notice intends to call the following witness to testify at the scheduled evidentiary hearing or trial by telephone and video technology: 4. The party filing this Notice asserts that the following reasons constitute good cause in compelling circumstances for the Court to permit remote testimony by the witness under Federal Rule of Civil Procedure 43: 1 5. Any party in interest may file an objection to this Notice within 7 days prior to the scheduled evidentiary hearing or trial by filing an objection into the record. If no party in interest files a timely objection, the Court will allow the identified witness to provide testimony remotely using the Court’s telephone and video technology. If a timely objection is filed and the Court sustains the objection both the witness and the objector must appear in person at the scheduled evidentiary hearing or trial. 6. This Notice may be withdrawn at any time prior to the scheduled evidentiary hearing or trial. Date: ___________________ _______________________________________ Pro se Movant or Movant’s Counsel’s Signature Name: State/Ba Nro. Firm/Address: Telephone: E-Mail: 2 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA EXHIBIT B IN RE: DEBTOR. CASE NO. § § § § § SECTION A CHAPTER 13 NOTICE OF CONSENT TO CONTINUE CHAPTER 13 LIFT-STAY PRELIMINARY HEARING AND CERTIFICATE OF SERVICE On , filed a motion to lift the automatic stay in the above-referenced case (the “Motion”). [ECF Doc. ]. That Motion was filed on less than 21 days’ notice and is currently set for a preliminary hearing on . Pursuant to § 362(e), the movant consents to a continuance of the preliminary hearing on the Motion to the next available hearing date on the Court’s calendar. The movant understands that the Court will consider the Motion at that hearing on a final basis. Counsel for the movant certifies that this Notice has been served with the Motion via first class U.S. Mail on the attached list of parties in interest who will not receive electronic notice via this Court’s CM/ECF system. Date: ___________________ _____________________________________ Movant’s Counsel’s Signature Name: State/Ba r No. Firm/Address: Telephone: E-Mail:

=== Chapter 13 Ex Parte Attorney Fee Request Procedure ===

Section "A" Procedures for Ex Parte Motions for Compensation All ex parte motions for compensation must include the following: 1). A fee application should include a summary of all previous fees awarded by date and amount; If a fee application is for legal services which include the filing of pleadings, the 2). application should describe the pleading(s) filed, if opposition was filed, if a hearing was required and if so, when held as well as the results obtained. Generic descriptions of pleadings should be avoided because they often do not allow the court to identify the pleading for which compensation is requested. If applicable, a fee application should include the docket numbers of any pleadings filed and for which compensation is requested, if relevant, the docket numbers for any pleadings in opposition to the original effort for which compensation is requested and the resulting order. 3). A fee application should contain a statement as to any benefits received by the person required to satisfy the fees, if awarded. Hearings on fee application requests have been scheduled for a special setting 4). date of Thursday, May 18, 2006, at 8:30 a.m.

=== Sample Motion for Attorney Fee Request ===

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA IN RE: DEBTORS CASE NO. CHAPTER 13 EX PARTE APPLICATION FOR COMPENSATION NOW INTO COURT comes ____________, counsel for ________ the debtor(s) herein(“Counsel”), who with respect represents: 1. On __[filing date]__________, _____________ (“Debtor(s)”) filed a voluntary petition for relief under Title 11, chapter 13 of the Bankruptcy Code. 2. This Court has jurisdiction over the matters presented herein, which are core in nature, pursuant to 28 U.S.C. §1334, 28 U.S.C. §157(b)(2)(B) and 11 U.S.C. §329. On ___[confirmation date]__________, this Court confirmed Debtors’ plan of reorganization 3. (“Plan”). 4. Prior to the filing of this case, and confirmed under the terms of Debtors’ Plan, counsel agreed to represent Debtors in this case for a fee of $____________. Debtors paid $______ in cash before the filing of their case, and $_________ was to be paid under the terms of the Plan. To date counsel has received $__________ on this sum. 5. Subsequent to the filing of this case, Counsel requested, and was granted additional fees: Amount awarded Date of Services Description of Services Rendered 1. 2. Of these additional sums, $_________ has been paid through amendments to the Plan and $_______ directly by the Debtors. 6. Since the filing date, Debtors required further legal services. Counsel has provided these services and seeks approval for same. The services provided are generally described: 7. Counsel expended ____ hours in the representation of Debtors in connection with these services. This time included_________[time in court, time spent negotiation with secured lenders, time in the preparation of an amended plan and schedules, etc.]_____. In addition, personnel in Counsel’s office spent ____ hours assisting in this effort. Their efforts are generally described as _________________. 8. Counsel believes that additional fees are warranted in this case because__________________________________________________________________________. Debtors do/ do not object to the awarding of these fees. 9. To date, $__________ has been paid in administrative expenses, __________ in priority expenses, and $__________ on unsecured claims. The payment of these fees will/ will not operate as a reduction in the amounts available to pay unsecured claims. 10. Debtors propose to pay these additional fees if allowed ________[how]___________. WHEREFORE, ____________, counsel for Debtors prays that after notice, but without the necessity of hearing, that this Application be deemed good and sufficient to establish cause for the awarding of additional fees to Counsel in this case. Respectfully submitted,