JANNA L. COUNTRYMAN
500 NORTH CENTRAL EXPRESSWAY, SUITE 350, PLANO,
TEXAS 75074
(972) 943-2580 / FAX (972) 943-8050
March 7, 2006
TO: ATTORNEYS REPRESENTING DEBTORS IN CHAPTER 13 CASES
RE: FEE REQUESTS IF A CASE WILL BE DISMISSED BEFORE
CONFIRMATION
If a case is
going to be dismissed before confirmation of a plan and the Debtor’s attorney
wishes to have his or her fees paid from funds the Debtor has paid the Trustee,
the Debtor’s attorney must file with the Court an Application for Approval of
Fees as an Administrative Expense. In
that regard please observe the following:
1.
The
Application should be filed as a separate document and not as part of a
response to a motion to dismiss.
2.
The
Application should contain 20-day negative notice language (found in Local Rule
9007).
If the case is to be
dismissed pursuant to a motion to dismiss that is already scheduled for hearing
and the Application is filed and served at least 20 days before the dismissal
hearing, additional language may be added to the notice language stating that
if a timely objection to the Application is filed with the Court, a hearing on
the matter will be scheduled at [date, time, and place of dismissal hearing].
3.
The
Application should be served on all parties in interest, including the Debtor.
4.
The
Application should provide a detail of work performed. Time records are not required if the total
fees requested, including any prepetition retainer, is within the amounts set
forth in LBR 2016(h).