The RARA does not constitute the written fee agreement

contemplated by the California Business and Professions Code. (5) An Attorney May Elect to be Paid other than Pursuant to the RARA and the Guidelines. At any time, when a RARA has not been entered into, or has been withdrawn with the written consent of the client(s), or when the attorney is seeking supplemental fees beyond the services in boldface that are “Included Costs” under the RARA, the debtor’s attorney may elect to seek an allowance of fees and costs other than pursuant to the RARA and the Guidelines. In that event, the attorney must file and serve an application for fees in accordance with 11 U.S.C. §§ 330 and 331, FRBP 2016 and 2002, and LBR 2016-1 and 3015-1, as well as the “Guide to Applications for Professional Compensation” issued by the United States trustee for the Central District of California.

(6) Court Review of any Attorney’s Fee. Upon notice and opportunity for hearing, the court may review any attorney’s fee agreement or payment, in accordance with 11 U.S.C. § 329 and FRBP 2017. (w) Motions and Applications Filed on Notice of Opportunity to Request a Hearing. (1) Motions and Applications.

The following motions and applications may be made on notice of opportunity to request a hearing pursuant to LBR 9013-1(o): (A) Chapter 13 trustee’s motion to modify a confirmed plan or dismiss a case; (B) Motion to modify a confirmed plan or to suspend or extend plan payments, subject to subsections (n) and (x) of this rule, provided that 21 days’ notice of the motion is given in accordance with FRBP 3015(g); 63 LBR 3015-1 (C) Motion for approval of sale or refinancing of debtor’s residence, subject to subsection (p) of this rule, if the entire equity therein is exempt from the claims of creditors; provided, however, notice is not required if the sale or refinance will pay off the plan and the plan allows 100% to the unsecured claims; and (D) Application for supplemental attorney’s fees, subject to subsections (u), (v) and (x) of this rule. (2) No Response Filed. If no response has been timely filed and served with respect to a motion or application listed in subsection (w)(1) of this rule, or the chapter 13 trustee’s only response is to take no position, the provisions of LBR 9013-1(o)(3) must be complied with, subject to the following modifications: (A) Motion to Modify a Confirmed Plan or to Suspend or Extend Plan Payments. The declaration must also attest that the chapter 13 trustee did not timely file and serve a response to the motion, and the declaration must be served on the chapter 13 trustee.

(B) Application for Supplemental Fees. The declaration must attest that the chapter 13 trustee did not timely file and serve a response to the application, or took no position, and the declaration must be served on the chapter 13 trustee. (3) Response Filed. If a response is filed with respect to any motion or application listed in subsection (w)(1) of this rule, the provisions of LBR 9013-1(o)(4) must be complied with, subject to the following modifications: (A) Trustee’s Motion to Dismiss a Case; Trustee’s Motion to Modify a Confirmed Plan.

The person or entity who timely files and serves a response to a trustee’s motion to dismiss a case, or a trustee’s motion to modify a confirmed plan, must, prior to filing and serving the response, obtain a hearing date from the court (or use the court’s self-calendaring system) and the hearing date, time and location must be indicated on the caption page of the response. The hearing date must be the court’s next available chapter 13 calendar that provides the chapter 13 trustee with at least 7 days of notice, but the hearing date must not be more than 30 days after the response is filed. The court may grant the motion without a hearing if the hearing is not set timely. (B) Debtor’s Motion to Modify a Confirmed Plan or Suspend or Extend Plan Payments, or Application for Supplemental Fees.

If the chapter 13 trustee timely files and serves any comments regarding the motion or application, the debtor must promptly lodge a proposed order, and, when serving a judge’s copy of the notice of lodgment, include a copy of the motion/application and the trustee’s comments. 64 (x) Service of Motions and Applications. All motions and applications must be served, subject to the electronic service provisions of LBR 9036-1, on the chapter 13 trustee, debtor (and debtor’s attorney, if any), and all creditors, with the following exceptions: LBR 3017-1 (1) A chapter 13 trustee’s motion to dismiss a case need be served only on the debtor, debtor’s attorney (if any), any prior chapter 7 trustee, and that trustee’s attorney (if any); (2) An objection to a claim must be served on the chapter 13 trustee, the claimant, and the claimant’s attorney (if any). If the claimant is the United States or an officer or agency of the United States, the objection must be served as provided in FRBP 7004(b)(4) and (5) and LBR 2002-2; (3) A motion for modification, suspension, or extension of the due date of plan payments must be filed using court-mandated forms and must be served on the chapter 13 trustee, but need not be served on creditors if: (A) the proposed modification does not have an adverse effect on the rights of creditors; or (B) the proposed suspension or extension, combined with any prior approved suspensions or extensions, does not exceed 90 days of suspended payments or 90 days of extensions to the plan’s term.

Any other motion for modification, suspension, or extension must be served on all creditors pursuant to LBR 9013-1(o) in addition to being served on the chapter 13 trustee; (4) A motion regarding the stay of 11 U.S.C. § 362, which is subject to the notice and service requirements of LBR 4001-1; and (5) An application by debtor’s counsel for additional fees and costs not exceeding $1,000 over and above the limits set forth in the RARA and Guidelines need be served only on the chapter 13 trustee and the debtor.