Compensation of Professionals (updated April 18, 2016)

U.S. Bankruptcy Court for the Middle District of Georgia

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

Rule: 2016-1

Jurisdiction: MDGAB

Bluebook Citation: Bankr. M.D. Ga. R. 2016-1

(a) Compensation Payable Upon Dismissal of Chapter 13 Cases. Upon dismissal of a Chapter 13 case before confirmation of the debtor's plan, and prior to the Chapter 13 Trustee refunding any funds on hand to the debtor, the Trustee shall disburse the funds in the following priority: (1) The Chapter 13 Trustee shall pay any unpaid portion of the filing fee; (2) Attorney Fees: (A) The Chapter 13 Trustee is authorized to pay from the remaining funds on hand an attorney fee of $800, less any fee paid as disclosed in the FRBP 2016 disclosure, to the attorney for the debtor, without any further motion, application, or order of this Court; (B) If the Chapter 13 Trustee has cause to believe the $800 fee is inappropriate, the Chapter 13 Trustee shall file a request with the Court to reduce the amount to be paid pursuant to this Rule; (C) If the attorney for the debtor requests a fee in excess of $800, the attorney shall file an attorney fee application. 11 Back to TOC (b) Application for Interim Compensation. Each application for interim compensation shall disclose the following: (1) The amount and date of all previous fee awards or that there has been no prior award; (2) An itemized statement of attorney time expended since the last fee award; (3) Total attorney time expended in the case as of the date of the current application; (4) A statement that describes the primary or most time consuming aspects of the case.

(c) Service of Applications for Interim Compensation. Applications for Interim Compensation shall be served on the interested parties as follows: (1) Applications for Interim Compensation of one thousand dollars or less shall be served upon the debtor and any trustee appointed in the case, and upon the United States Trustee. (2) All Applications for Interim Compensation that exceed one thousand dollars shall be served upon the debtor, any trustee appointed in the case, and the United States Trustee. A notice of filing of the application shall be served upon all creditors in the case.

(3) All Applications and notices of filing of the application shall be accompanied by the appropriate notice of the time to respond and the pending hearing date as required by these Rules.

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