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Application Of Trustee To Employ Special Counsel Form. This is a Ohio form and can be use in USBC Southern Federal.
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Tags: Application Of Trustee To Employ Special Counsel, 2014-1, Ohio Federal, USBC Southern
LBR Form 2014-1(g) - 1
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF OHIO
_____________ DIVISION
In re:
Case No:
Chapter
Debtor(s)
Judge
APPLICATION OF TRUSTEE
TO EMPLOY SPECIAL COUNSEL
Now comes (Name of Trustee) (AApplicant@), the Trustee herein, and hereby requests, pursuant to 11 U.S.C. ' 327(e),
Fed. R. Bankr. P 2014, and LBR 2014-1, that the Court authorize the employment of (Name of Attorney [and name of Law
Firm]) as special counsel for the estate. In support of his/her Application, Applicant respectfully represents the following:
_____
Applicant has been appointed [interim/standing] trustee with respect to the estate herein, has qualified and is
acting as such trustee.
_____
Applicant wishes to employ (Name of Attorney [and the Name of Law Firm]) to represent him/her in this
case.
_____
(Name of Attorney) is an attorney duly admitted to practice in [specify jurisdiction of admission] and is in
good standing.
_____
Applicant has selected (Name of Attorney) for the reason that he/she has had significant experience in
(personal injury litigation, probate law, medical malpractice law, employment discrimination law, etc.), and
is well-qualified to represent the estate.
_____
The professional services to be rendered by (Name of Attorney) shall include, but are not limited to, the
following: (a) to institute or continue any appropriate proceedings to recover assets of the estate; (b) to
litigate or otherwise resolve issues regarding property of the estate; and (c) to perform such other legal
services as may be required that are in the best interest of the estate or its creditors. Specifically, Applicant
seeks to employ special counsel to [insert specific reason for retention of special counsel.]
_____
(Name of Attorney) does not represent or hold any interest adverse to the estate with respect to the matter on
which he/she is to be employed.
_____
(Name of Attorney) proposes to perform legal services for the trustee in connection with his/her employment
[at his/her customary hourly rate of $______ plus reasonable expenses] OR [on a contingency fee basis, with
counsel to receive ___% of any amounts recovered either through judgment or by settlement, plus reasonable
expenses] OR [on a fixed or percentage fee basis.]
_____
(Name of Attorney) has been paid $______ in fees and/or expenses from the Debtor from a period of one
year prior to the filing of the Debtor=s petition through the date of this Application. The fees were paid on
(Date(s)). The source of the fees was ____________________________.
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_____
(Name of Attorney) has received no funds from the Debtor or the Debtor=s estate from a period of one year
prior to the filing of the Debtor=s petition through the date of this Application.
_____
(Name of Attorney) has received or sought a retainer in the amount of $______ from the Debtor within one
year prior to the filing of the petition through the date of this Application. The retainer was paid on
(Date(s)). The source of the retainer was ____________________________.
_____
(Name of Attorney) has received or sought no retainer from the Debtor within one year prior to the filing of
the petition through the date of this Application.
_____
To the best of (Name of Attorney)=s knowledge, he/she has no connections with the Debtor(s), creditors, any
other party in interest, their respective attorneys and accountants, the United States Trustee, or any person
employed in the Office of the United States Trustee [except (Name of Attorney) has previously represented
debtor in connection with the matter that is the subject of this application; OR (Name of Attorney) has
previously represented the Debtor in connection with the underlying bankruptcy case; OR (Name of
Attorney) has previously represented the Trustee in connection with matters unrelated to the subject of this
application; OR any other connection.]
_____
The proposed employment of (Name of Attorney) is not prohibited by or improper under Fed. R. Bank. P.
5002.
WHEREFORE, Applicant moves for an Order of this Court authorizing the retention and employment, as of the date
of this Application, of (Name of Attorney [and Law Firm]) as special counsel for the estate, to be compensated as set forth
above.
Respectfully submitted,
___________________________________
/s/ Name of Trustee
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