EMPLOYMENT OF PROFESSIONALS

(a) Filer of Application. An application to approve the employment of a professional person shall be made and signed by the entity or Court approved counsel for the entity seeking to employ that person (e.g., Trustee, debtor in possession, committee, etc.). (b) Content of Application. An application to employ a professional person shall, in addition to the information required by FRBP 2014, contain the following information: (1) The date of the filing of the petition and chapter in which the petition was filed; (2) The mailing address and telephone number of the professional person to be employed; (3) The name(s) of any other professionals in the same profession employed pursuant to Court order by the same applicant and, if there is any overlap in proposed services, an explanation of why additional professionals are needed and how duplication of service shall be avoided; (4) A description of any compensation or promise of compensation, or of any security or pledge given to the professional.

The term "general retainer" is not a suitable description; (5) The statements required by FRBP 2014(a) and 2016(b) if applicable shall be attached to the application. (c) Nunc Pro Tunc Application. (1) If an application for approval of employment of a professional person is made within 14 days after the filing of the case or within 14 days of commencement of the professional's services, it shall be deemed contemporaneous. (2) If an application for approval of the employment of a professional person is made more than 14 days after the filing of the case or more than 14 days after commencement of the professional's services, and the application requests that the approval be nunc pro tunc, the following information shall be required: (A) An explanation of why the application was not filed earlier; (B) An explanation of why the order authorizing employment is required nunc pro tunc; (C) An explanation, to the best of the applicant's knowledge, how the approval of the application will or will not prejudice any parties in interest.

10 Back to TOC (3) Applications to approve the employment of professional persons nunc pro tunc shall be approved only on notice and opportunity for hearing. All parties in interest in the case shall be served with notice of the application. The notice shall substantially comply with the provisions of LBR 9004-1 and 9007-1. (d) Professionals Employed Without an Application.

Professionals who are deemed full-time employees of the debtor at the time of the order for relief are not required to be appointed by order of the Court. However, any material change in employment terms or conditions occurring after the filing of the petition shall be disclosed by way of a notice served pursuant to LBR 9007- 1 or 2002-1(e). A debtor in possession or Trustee of an operating business may also apply for an order waiving the provisions of this Rule as to professionals of a type who are regularly employed in the ordinary course of the debtor's business and who are to provide services not directly related to the reorganization proceedings (e.g., collection agents or attorneys, accountants, geologists, appraisers, realtors, eviction attorneys, etc.). Any such application shall be served pursuant to LBR 9007-1 or 2002-1(e).