UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO IN THE MATTER OF PROCEDURES FOR FEE APPLICATIONS IN CHAPTER 13 CASES GENERAL PROCEDURE ORDER NUMBER 2007-2 Upon the report of representatives of the Chapter 13 Bar, and its own investigation, the Court determines that it is appropriate to update and revise in accordance with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) the system for awarding attorneys fees and costs in Chapter 13 to reflect the additional obligations imposed by the BAPCPA. In furtherance thereof, IT IS HEREBY ORDERED that: 1. The following presumptively reasonable fee allowance (“PRF”) procedures will be applicable in all Chapter 13 cases filed on or after January 1, 2007. This Order shall supercede L.B.R. 216 and Second Amended General Order 2001-1. Cases filed prior to January 1, 2007 remain subject to the Second Amended General Order 2001-1. 2. In order to be eligible to use the PRF Procedure described in ¶4a below, applicants must: a. provide the “Basic Services” as specified in Exhibit A to this GPO (“Exhibit A”), as necessary and appropriate; and b. submit an affirmative declaration, in conjunction with filing the Fee Application, that: (i) they are not excluding any of the Basic Services; and (ii) that they have provided a copy of Exhibit A to their client with the engagement letter or fee agreement. 3. In the event that any Basic Services are excluded or if the total fees (not including expenses) exceed $3000, the attorney cannot use the PRF procedure described in ¶4a, but must use that in ¶4b. 4. Applications for allowance of fees and reimbursement of expenses pursuant to the PRF procedure must be made using Exhibit B to this GPO (“Exhibit B”). Applications must be filed no sooner than the date of entry of the Order confirming the Chapter 13 plan and no later than 15 days 1 American LegalNet, Inc. www.FormsWorkflow.com after the date of entry of the Order confirming the Chapter 13 plan. Applications must be served on the Chapter 13 Trustee, the debtor(s), and all Entries of Appearance with a notice conforming to Exhibit C. The Chapter 13 Trustee, the debtor(s) and all Entries of Appearance must have 20 days notice from the date of service to file an objection. a. If the total fees charged for representation of debtor(s) up to the date of the entry of the order confirming the Chapter 13 plan do not exceed $3000, Applicant need not supplement Exhibit B, except upon formal objection, written request of the Chapter 13 Trustee, or express order by the Court. b. If the Applicant requests allowance of a fee in excess of $3000 or Basic Services are excluded, the Application must be made by using Exhibit B, and the certificate contained in Exhibit B Supplement, and must be supplemented by (i) a brief narrative discussing the results obtained or difficulties encountered, (ii) detailed time records describing all individual services rendered in increments of tenths rendered, (a) the time spent for each service,1 (b) the charge for each service, (c) the Applicant’s billing rate (and/or applicants associate’s or paralegal’s billing rate), (iii) such other and further information as the Applicant believes is necessary to justify allowance of the fee pursuant to 11 U.S.C. § 330(a), and (iv) if any of the Basic Services on Exhibit A are excluded, a copy of the engagement letter. Copies of the Application as supplemented must be provided to the Chapter 13 Trustee, the debtor(s), and all Entries of Appearance. Notice of the Application must be mailed to the above parties and all other creditors, claimants, and parties in interest providing 20 days to object. 5. If there is no objection, the Court may allow the fee as requested, order further supplementation or set the Application for hearing. Any Order setting a hearing on an unopposed Application will identify the inadequacies or deficiencies in the Application which may result in reduction or disallowance of the requested fees or expenses. If an objection is filed, the Application and objection will promptly be set for hearing. 6. The Attorney must submit a form of order in substantial conformity with Exhibit D to this 1 No lumping of time entries. Applicant must state specifically the amount of time for each task. 2 American LegalNet, Inc. www.FormsWorkflow.com GPO except that the form of order shall include the specific amounts of fees and expenses requested and payable from plan payments. The form of order shall not be submitted in blank. This General Order is effective nunc pro tunc January 1, 2007. Dated: January 29, 2007 BY THE COURT: Howard R. Tallman, Chief Judge Sidney B. Brooks, Judge A. Bruce Campbell, Judge Elizabeth E. Brown, Judge Michael E. Romero, Judge Commentary The PRF does not include services required for adversary proceedings. When requesting fees using ¶ 4(a) of the PRF procedure, attorneys are not required to submit their engagement letter or other fee agreement, detailed time slips, or a narrative unless otherwise ordered by the Court, or requested by the Trustee or an objecting party. However, attorneys are advised that if their fees are questioned, it may be difficult, if not impossible, to prevail without the assistance of some or all of those items. It is expected that the engagement will last through the earlier of consummation of the plan, entry of discharge, conversion or dismissal of the case. The PRF procedure is for requesting fees through the date of plan confirmation and is not intended to limit the scope of Chapter 13 engagements. The PRF process does not and should not limit the ability of debtors’ attorneys to provide services post-confirmation. The court will entertain further fee applications, supported by time records, for post-confirmation work. 3 American LegalNet, Inc. www.FormsWorkflow.com EXHIBIT A BASIC SERVICES ANTICIPATED IN CHAPTER 13 CASES The following services are Basic Services common to most Chapter 13 cases. Some cases will not require all of these services, but such services are considered essential to competent and effective representation of most debtors in Chapter 13. By utilizing the Presumptively Reasonable Fee (“PRF”) procedure, the attorney for the debtor(s) agrees to perform these services as part of the chapter 13 case. If providing these services results in a fee in excess of the PRF, counsel must apply for fees in accordance with the Bankruptcy Code and Rules. The PRF procedure is intended to cover pre-confirmation fees. If necessary, counsel may file a fee application for fees incurred post-confirmation. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Meet with the debtor(s) to review and analyze the debtor(s)' financial situation. Counsel the debtor(s) on whether the filing of a bankruptcy case is appropriate and necessary and, if so, whether to file a Chapter 7 or Chapter 13 case. Advise the debtor(s) of their statutory obligations once a bankruptcy is filed, both preand post-confirmation. Evaluate the timing of the filing. Evaluate conflict of interest issues. Explain to the debtor(s) the nature and amount of fees and expenses to be charged for the Basic Services. Provide the debtor(s) with a copy of this Exhibit A of Basic Services. If required to e-file, e-file all documents on debtors behalf. Analyze eligibility for discharge. Prepare and file required documents, including, but not limited to, the schedules and statement of affairs and Form B22 C, Statement of Current Monthly Income, and other information required to be filed by section 521(a) of the Code. Assist the debtor(s) in formulating a budget and Chapter 13 plan. Respond to creditor inquires. Timely supply requested information to the Chapter 13 Trustee. Advise the debtor(s) with regard to the automatic stay. Take appropriate action with respect to the automatic stay. Appear at and represent the debtor(s) at the § 341 meeting of creditors. Review claims filed by the final hearing on confirmation and account for them in the plan. Represent the debtor(s) in negotiations with the Chapter 13 Trustee. Prepare and file any necessary amendments to schedules, statements and proposed plans. Where Debtor(s) own real estate or has lawsuits, obtain a lien search and if applicable, prepare and file motions for avoidance of liens. Represent the debtor(s) at any Rule 2004 examination. File or object to proofs of claim, as necessary. If appropriate, prepare and file responses to motions and appear at any hearings. Represent debtors in plan confirmation process and attend hearing if necessary on objections to confirmation. Prepare all proposed orders and give all notices as required. Comply with T.L.B.R. 1017 and 3015, 11 U.S.C. §§ 521 and 1308. i American LegalNet, Inc. www.FormsWorkflow.com EXHIBIT B IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO HONORABLE________________________ In re: EIN/SSN Debtor(s). ) ) ) ) Case No. Chapter 13 CHAPTER 13 FEE APPLICATION SUMMARY Pursuant to 11 U.S.C. § 330, Applicant, ______________________, attorney for the Debtor(s), requests allowance of the following fees and reimbursement of out-of-pocket expenses incurred up to the date of confirmation as follows: 1. TOTAL FEES REQUESTED in this application.............. $_________ 2. TOTAL EXPENSES REQUESTED in this application......... + $_________ (Total Fees and Expenses Requested) = $_________ 3. AMOUNT PAID TO DATE (exclusive of the filing fee) – $_________ 4. NET AMOUNT OF FEES AND EXPENSES TO BE PAID THROUGH CONFIRMED PLAN NOT TO EXCEED AMOUNT FUNDED BY THE PLAN = $_________ DETAIL IN SUPPORT OF FEE REQUEST FEES Amount of fee Applicant agreed to with Debtor(s) for performing services to represent the Debtor in this case: (amount disclosed in 2016(b) disclosure)...........................$_______ (amount disclosed in amended 2016(b) disclosure)............$_______ A. This agreed upon fee represents: (1)___ a flat fee for all basic services in the case (2)___ hourly charges based upon time spent. (3)___ other fee arrangement based upon________________. ii American LegalNet, Inc. www.FormsWorkflow.com B. Applicant’s rate for attorney services is $_______/ hour; the rate for associate attorney services is $_______/ hour; and the rate for paralegal services is $_______/ hour. EXPENSES Amount of expenses incurred: ________ copies (at _____/copy) Postage Other (specify) Facsimile Legal Research _____________ $_________ $_________ $_________ $_________ $_________ Total: $_________ APPLICANT’S CERTIFICATIONS IN SUPPORT OF REQUEST FOR PRESUMPTIVELY REASONABLE FEE PURSUANT TO ¶ 4a OF G.P.O. 2007-2. APPLICANT CERTIFIES/ATTESTS THAT: 1. I have performed ALL of the Basic Services listed in Exhibit A to General Order 2007-2 (Basic Services) as necessary and appropriate to the Debtor(s)’ case. 2. I provided a copy of Exhibit A, Basic Services, to General Order 2007-2 to my client(s). 3. The foregoing is true and accurate. DATED:__________________ __________________________ Signature of Applicant __________________________ Name of Applicant CERTIFICATE OF MAILING [Applicant must mail to the Chapter 13 Trustee, the Debtor(s) and the Entries of Appearance] iii American LegalNet, Inc. www.FormsWorkflow.com EXHIBIT B SUPPLEMENT APPLICANT’S CERTIFICATIONS IN SUPPORT OF SUPPLEMENTED REQUEST FOR FEES PURSUANT TO ¶ 4b OF G.P.O. 2007-2. APPLICANT CERTIFIES/ATTESTS THAT: 1. ____ I have not performed the following services listed on Exhibit A to General Order 2007-2 (Basic Services) for the fee requested and a copy of the Engagement Letter and/or Fee Agreement is attached hereto. 2. _____ I am requesting a fee for services which exceeds the presumptive fee amount. 3. Attached to this Application are: (a) A narrative description of services performed such as results achieved, difficulties encountered or any other unique aspects of the case and discussing the standards of §330(a); (b) Detailed time records which includes: (i) the TIME SPENT for each service rendered, broken out in tenths of an hour; (ii) the HOURLY RATE for each service rendered; (iii) the CHARGE for each service so rendered; and (c) Such other information as I believe is necessary to support my request for fees. DATED:__________________ __________________________ Signature of Applicant __________________________ Name of Applicant CERTIFICATE OF MAILING [Applicant must mail Application to the Chapter 13 Trustee, the Debtor(s) and the Entries of Appearance. Applicant must mail the Notice (Exhibit C) to the above plus all creditors, claimants and parties in interest.] iv American LegalNet, Inc. www.FormsWorkflow.com EXHIBIT C UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re SSN Debtor(s). ) ) Case No. ) Chapter 13 ) NOTICE OF CHAPTER 13 FEE APPLICATION TO THE CHAPTER 13 TRUSTEE AND DEBTOR(S): NOTICE IS HEREBY GIVEN that the undersigned counsel for the debtor has applied to this Court or is intending to file a Chapter 13 Fee Application requesting fees and expenses as follows: Requested Fees: $________________ Requested Expenses: $________________ A copy of the Chapter 13 Fee Application is attached. Pursuant to General Procedure Order 2007-2, if you desire to oppose this action you must file a written objection and request for hearing with the Court on or before ___________, which is twenty (20) days from the date of service of the Ch. 13 Fee Application. Objections and requests for hearings shall clearly specify the grounds upon which they are based, including the citation of supporting legal authority, if any. General objections will not be considered by the Court. If there is no objection, the Court may allow the fee as requested, order further supplementation or set the Application for hearing. Dated: __________________________ ________________________________________ Signature of Attorney for Debtor(s) ________________________________________ Name of Attorney ________________________________________ Attorney’s Address ________________________________________ City, State and Zip Code ________________________________________ Telephone Number CERTIFICATE OF MAILING v American LegalNet, Inc. www.FormsWorkflow.com EXHIBIT D UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) ) ) SSN Debtor. ) ____________________________________) Case No. Chapter 13 ORDER ALLOWING AND APPROVING FEES , ____________, counsel for the Debtor, is allowed a fee for services herein of $ and reimbursement of out-of-pocket expenses of $ , (or the prepayment of fees and expenses in the amount of $ is approved) of which $ is payable out of plan payments. Dated: BY THE COURT: ____________, Judge United States Bankruptcy Court vi American LegalNet, Inc. www.FormsWorkflow.com