Applications for Compensation of Professionals.
U.S. Bankruptcy Court for the District of Montana
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P a g e | 17 additional compensation and, if necessary, a motion to modify a confirmed plan. (c) Special Rules for Chapter 11, 12, and 13 Cases. Unless otherwise approved by the Court, authorization for any professional to receive postpetition payments from debtor, or from any other sources for the debtor’s benefit, must be sought by written application on proper notice and shall be granted only upon a demonstration of reasonableness and necessity. Unless the Court orders otherwise, any approved postpetition retainer or payments to professionals must be deposited into a trust account and remain in such account until the Court enters an order allowing removal.
Fees in excess of the retainer held by attorney for a Chapter 12 or 13 debtor must be paid through the Chapter 12 or 13 plan as an administrative expense pursuant to 11 U.S.C. § 503(b)(2). (d) Fees in Dismissed Cases. Within 30 days of dismissal of a case, all professionals shall file with the Court a final Fed. R. Bankr. P. 2016(b) Disclosure of Compensation, reflecting the total amount of all fees and costs that have been or will be charged to their debtor clients for all services performed through the conclusion of the case. The Court shall retain jurisdiction to order the filing of a formal fee application and to hear and rule on the reasonableness and necessity of all professional fees in dismissed cases before the entry of a Final Decree.
(e) Allowed Expenses. In addition to a professional’s fees and compensation, the following expenses shall be allowed at the actual cost to the professional: postage, long-distance telephone, facsimile charges, computerized legal research, travel-related expenses, and other expenses associated with the professional’s representation of the party, provided they are shown to be reasonable and necessary. Photocopy costs shall be presumed reasonable and shall be allowed at the rate of $.15 per page unless the professional proves a greater actual cost, provided they are shown to be necessary. Mileage shall be presumed reasonable and allowed at the federal rate provided by the regulations of the Internal Revenue Code for travel by private automobile unless the professional proves a greater actual cost, provided such mileage is shown to be necessary.
(f) Claims for Fees by Creditors. If a creditor wishes to recover reasonable postpetition fees, postpetition costs, or postpetition charges provided for under the agreement upon which the claim arose as a portion of creditor’s allowed claim pursuant to 11 U.S.C. § 506(b), the professionals retained by such creditor must file a fee application in accordance with the standards set forth in 11 U.S.C. § 330 and Fed. R. Bankr. P. 2016(a). Each application shall also individually explain whether each of the following conditions is satisfied: (1) (2) (3) The claim is an allowed secured claim; The creditor is over-secured; The fees are reasonable considering the following factors: the nature, extent, length, and value of the services rendered; the bankruptcy and non-bankruptcy experience, reputation, and ability of the lawyers; awards in similar cases; the novelty and difficulty (or lack thereof) of the questions presented; the skill requisite to perform the legal services properly; the customary fee; professional time actually spent; amount involved in potential risk; results of the cases; specialty in which attorneys may be practicing; fees sought to be applied; and distinction between partner and Mont. LBR December 1, 2025