Notices to Committees

U.S. Bankruptcy Court for the Eastern District of California

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

Rule: 2002-4

Jurisdiction: EDCAB

Bluebook Citation: Bankr. E.D. Cal. R. 2002-4

In chapter 7 cases, where a committee has been elected under 11 U.S.C. § 705 and in chapter 11 cases where one or more committees have been appointed under 11 U.S.C. § 1102, any notice required by Fed. R. Bankr. P. 2002(a)(2), 2002(a)(3), and/or 2002(a)(6) notice need only to be given to: (1) the U.S. Trustee; (2) the committees elected under § 705 or appointed under § 1102 or their authorized agent (including committee counsel); and (3) creditors and equity security holders who have filed and served on the trustee or debtor in possession a request for all notices. Fed. R. Bankr. P. 2002(i). 6 LOCAL RULE 2014-1 Employment of Professional Persons Disclosure of Connections (a) Certification. To ensure public confidence in the integrity of the bankruptcy process, the verified statement that must accompany an Application for Employment of Professional Persons pursuant to Fed. R. Bankr. P. 2014(a) shall, after disclosure of any actual connections, close with the statement: “Except as set forth above, I have no connection with the debtor, creditors, or any party in interest, their respective attorneys, accountants, or the U.S. Trustee, or any employee of the U.S. Trustee.” Applications for Employment which are not accompanied by a verified statement containing such a statement may be denied without prejudice.

(b) Effective Dates. 1) Presumptive 30-day order. An application for an order approving employment pursuant to Federal Rule of Bankruptcy Procedure 2014(a) shall be presumed to relate back to the later of 30 days before the filing of the application or the order for relief. The order approving the employment shall state the effective date on or after which the employment is authorized and effective for services rendered.

2) Retroactive authorization for employment exceeding 30 days. All requests for retroactive authorization for employment exceeding 30 days duration must be set for hearing, must show exceptional circumstances, must satisfactorily explain the applicant’s failure to receive prior judicial approval, and must demonstrate that the applicant’s services benefited the bankruptcy estate in a significant manner.

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