OFFICE OF THE CHAPTER 12 & 13 STANDING TRUSTEE

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).