Duty to Keep Records, Make Reports, and Give Notices.

U.S. Bankruptcy Court for the Northern District of Mississippi

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

Rule: 2015-1

Jurisdiction: NDMSB

Bluebook Citation: Bankr. N.D. Miss. R. 2015-1

All Rules: Bankr. N.D. Miss. Local Bankruptcy Rules, complete index


Text

(c) Duties of a Chapter 12 Trustee or Debtor in Possession. In a Chapter 12 case, the debtor in possession or the trustee shall file a Monthly Operating Report in the form prescribed by the United States Trustee. The Monthly Operating Report shall be filed on or before the 20th day of each month following the month the subject of the report until a plan is confirmed, or the case is converted or dismissed. A signed copy of the Monthly Operating Report shall be furnished to the United States Trustee.

Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -18- Rule 2016-1. Compensation for Services Rendered; Reimbursing Expenses. (b) Disclosing Compensation Paid or Promised to the Debtor’s Attorney. If the statement required under Fed. R. Bankr. P. 2016(b) is not timely filed, the case shall be subject to dismissal.

At the meeting of creditors required by section 341, the officer conducting the meeting shall review the statement of disclosure of compensation to verify that it complies with Fed. R. Bankr. P. 2016(b). If the statement fails to comply with the rule, the presiding officer may promptly file a motion to show cause why the case should not be dismissed. (d) Compensation of Chapter 13 Debtor’s Attorneys. (1) In chapter 13 cases filed after the Effective Date of these rules, the court, by separate standing order, which may be amended from time to time, may set a cap on the amount of fees that generally will be approved ex parte without the need for notice and a hearing.

(2) The fee approved by the court will be on the basis that the scope of representation by the attorney includes both pre-confirmation and post-confirmation representation of the debtor, except for representation in any adversary proceeding. Once an attorney sets a fee and files a petition for the debtor, the attorney is expected to represent the debtor conscientiously on all matters within the scope of the representation until the debtor is granted or denied a discharge or the case is dismissed. No additional fee shall be sought from the debtor or accepted by the attorney without prior court approval. (3) In larger business cases or in cases involving an inordinate amount of time or representation in an adversary proceeding, the court will consider a request for attorney’s fees in excess of the previously approved amount.

Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -19- Part III Claims; Plans; Distributions to Creditors and Equity Security Holders

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.