Employment of Professionals.

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

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

Rule: 2014-1

Jurisdiction: MDPAB

Bluebook Citation: Bankr. M.D. Pa. R. 2014-1

7 (a) (b) Application to Employ Counsel or Other Professionals. An application to employ counsel or other professionals must be filed with the clerk along with a verified statement of disinterestedness and a proposed order. Application to Employ Persons for the Sale or Lease of Estate Property. An application for employment of an agent or broker for the sale or lease of estate property must be accompanied by a copy of the signed written contract employing the agent or broker.

An application for employment of an auctioneer must be accompanied by a copy of the auctioneer's surety bond or other security. A contract for employment must provide that it is effective only upon Court approval. When an applicant seeks appointment as a real estate agent or broker, as an appraiser, or as an auctioneer, the applicant must state if he or she is seeking compensation at a flat rate or on a percentage basis. Under L.B.R. 6005-1(b), an applicant for compensation at a flat rate or on a percentage basis may request the Court to approve the terms of compensation without filing a separate fee application, but if applicant later requests compensation on different terms, the Court must approve compensation.

An application for employment under this rule requires conformity with the notice requirements of F.R.B.P. 2002(a)(6). (c) Objection by the United States Trustee. Any objection to an application to employ must be filed by the United States trustee within seven (7) days from the date of service of the application unless the application is filed within fourteen (14) days of the filing of the petition. If the application is filed within fourteen (14) days of the filing of the petition, any objection must be filed within twenty-one (21) days of the filing of the petition.

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.