COMPENSATION OF PROFESSIONALS

U.S. Bankruptcy Court for the District of Maryland

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Maryland

Rule: 2016-1

Jurisdiction: DMDB

Bluebook Citation: Bankr. D. Md. R. 2016-1

(a) Applications for Compensation by Professionals. Unless the Court orders otherwise, all professionals seeking compensation pursuant to 11 U.S.C. §§ 327, 328, 330, and 331, including attorneys, accountants, examiners, investment bankers, financial advisors, real estate advisors, and Subchapter V trustees, must prepare and submit their applications for compensation in accordance with the Guidelines attached as Appendix D to these Rules. (b) Disclosure of Compensation. An attorney representing a debtor in a case or in connection with a case must file a Federal Bankruptcy Rule 2016(b) disclosure statement with the petition.

If an attorney commences representation of the debtor in a case or in connection with a case after the filing of the petition, such attorney must file the Federal Bankruptcy Rule 2016(b) disclosure statement at the time representation is commenced. (c) Fee Arrangements in Individual Chapter 7 Cases. An attorney representing an individual debtor in a case under Chapter 7 of the Bankruptcy Code who agrees with the debtor prepetition to accept the payment of attorney’s fees for services rendered in connection with the bankruptcy case in whole or in part after the petition date must file a motion with the Court seeking Ver. 25.01 (December 1, 2025) 12 approval of such fee arrangement at the same time that the attorney files the Disclosure of Compensation of Attorney for the Debtor under Federal Bankruptcy Rule 2016(b).

Any such fee arrangement is enforceable only if, and to the extent, approved by the Court. In the motion, the attorney must: (1) explain, among other things, the circumstances preventing the debtor from being able to pay the entirety of the fee prior to the petition date, the precise terms and conditions of the fee arrangement with the debtor, the nature of the services to be rendered postpetition that support the fee arrangement, and how the fee arrangement complies with applicable nonbankruptcy law; and (2) certify that the debtor understands the terms and conditions of the fee arrangement and has provided informed written consent to the same.

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