Motion For Entry Of An Administrative Order Form. This is a Ohio form and can be use in USBC Southern Federal.
Tags: Motion For Entry Of An Administrative Order, 2016-1(a)(1)(F), Ohio Federal, USBC Southern
LBR Form 2016–1(a)(1)(D) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO _____________ DIVISION In re: Case No: Chapter Debtor(s) Judge MOTION FOR ENTRY OF AN ADMINISTRATIVE ORDER PURSUANT TO 11 U.S.C. §§ 105(a) AND 331 ESTABLISHING PROCEDURES FOR MONTHLY COMPENSATION AND REIMBURSEMENT OF EXPENSES OF PROFESSIONALS [NAME OF DEBTOR], debtor and debtor-in-possession (the “Debtor”), by and through counsel, hereby move this Court for entry of an administrative order, pursuant to §§ 105(a) and 331 of the United States Bankruptcy Code (the “Code”), establishing procedures for monthly compensation and reimbursement of expenses of professional retained by order of this Court (the “Motion”). In support of the Motion, the Debtor respectfully represents as follows: BACKGROUND xx. [INCLUDE RELEVANT CASE BACKGROUND] JURISDICTION xx. This Court has subject matter jurisdiction over the Motion pursuant to 28 U.S.C. § 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A). The Court can exercise its subject matter jurisdiction pursuant to 28 U.S.C. § 157(b)(1). Venue of this proceeding and the Motion is proper in this district pursuant to 28 U.S.C. §§1408 and 1409. The statutory predicates for the relief sought herein are sections 105(a) and 331 of the Bankruptcy Code. RETENTION OF PROFESSIONALS xx. [INCLUDE DESCRIPTION OF PROFESSIONALS RETAINED OR TO BE RETAINED IN THE CASE.] American LegalNet, Inc. www.FormsWorkFlow.com PROCEDURES REQUESTED xx. The Debtor proposes that the monthly payment of compensation and reimbursement of expenses of professionals in this case (the “Professionals”) be structured as follows: (a) On or before the twentieth (20th) day of each month following the month for which compensation is sought, each Professional seeking compensation under these procedures will serve a monthly statement on (i) the officer designated by the Debtor to be responsible for such matters; (ii) counsel to the Debtor; (iii) counsel to all official committees; (iv) counsel for the Office of the United States Trustee; (vi) counsel to all postpetition lenders or their agent(s); and (v) _____________ (anyone else the Court may designate); (b) The monthly statement need not be filed with the Court. Professionals still will be required to serve and file interim and final applications for approval of fees and expense in accordance with the relevant provisions of the Code, the Federal Rules of Bankruptcy Procedure and the Local Rules for the United States Bankruptcy Court, Southern District of Ohio; (c) Each monthly fee statement will contain a list of the individuals and their respective titles (e.g., attorney, accountant, or paralegal) who provided services during the statement period, their respective billing rates, the aggregate hours spent by each individual, a reasonably detailed breakdown of the disbursements incurred, and contemporaneously maintained time entries for each individual in increments of tenths (1/10) of an hour; (d) Each party receiving a statement will have twenty-one (21) days after service of the statement to object to the compensation or reimbursement sought in a particular statement (the “Objection Deadline”). Any objections to the statement must be served on the affected Professional and the other persons designated to receive statements in paragraph (a) of this Motion on or before the Objection Deadline. Any objections must be in writing and state the nature of the objection and the amount of fees or expenses at issue; (e) At the expiration of the Objection Deadline, the Debtor shall promptly pay _________ percent (____%) of the fees and __________ percent (______%) of the expenses identified in each monthly statement to which no objection has been served in accordance with paragraph (d); (f) If the Debtor receives an objection to a particular fee statement, the Debtor shall withhold payment of that portion of the fee statement to which the objection is directed and promptly pay the remainder of the fees and disbursements in the percentages set forth in paragraph (e); (g) Similarly, if the parties to an objection are able to resolve their dispute and if the party whose statement was objected to serves on all of the parties listed in paragraph (a) as statement indicating that the objection is withdrawn and describing in detail the terms of the resolution, then the Debtor shall promptly pay, in accordance with paragraph (e), that portion of the fee statement which is no longer subject to objection; American LegalNet, Inc. www.FormsWorkFlow.com (h) All objections that are not resolved by the parties, shall be preserved and presented to the Court at the next interim or final fee application hearing to be heard by the Court; (i) The service of an objection in accordance with paragraph (d) shall not prejudice the objecting party’s right to object to any fee application made to the Court in accordance with the Code on any ground whether raised in the objection or not. Furthermore, the decision by any party not to object to a fee statement shall not be a waiver of any kind or prejudice that party’s right to object to any fee application subsequently made to the Court in accordance with the Code; (j) Approximately every one hundred twenty (120) days, each of the professionals shall serve and file with the Court an application for interim or final Court approval and allowance, pursuant to sections 330 and 331 of the Code, of the compensation and reimbursement of expenses requested; (k) Any professional who fails to file an application seeking approval of compensation and expense previously paid under these procedures when due shall (1) be ineligible to receive further monthly payments of fees or expense as provided herein absent a further order of the Court and (2) may be required to disgorge any fees paid since retention or the last fee application, which ever is later; (l) The pendency of an application or a Court order that payment of compensation or reimbursement of expense was improper as to a particular statement shall not disqualify a Professional from the future payment of compensation or reimbursement of expense as set forth above, unless otherwise ordered by the Court; (m) Neither the payment of, nor the failure to pay, in whole or in part, monthly compensation and reimbursement as provided herein shall have any effect on this Court’s interim or final allowance of compensation and reimbursement of expenses of any professionals; and (n) Counsel for each official committee may, in accordance with the foregoing procedure for monthly compensation and reimbursement of professionals, collect and submit statements of expenses from members of the committee he or she represents. xx. In their first request for compensation and reimbursement of expenses, each professional may seek compensation for work performed and reimbursement for expenses incurred during the period beginning on the date of the Professional’s retention and ending on _____________. xx. The Debtor will include all payments to professionals on its monthly operating reports, detailed so as to state the amount paid to each of the Professionals. xx. The Debtor further requests that unless a party objects to requests for payments made pursuant to these procedures on the grounds that the Debtor has not timely filed monthly operating reports, remained current with its administrative expenses and 28 U.S.C. § 1930 fees, or manifest exigency exists, these procedures shall continue and remain in effect during the pendency of this case. American LegalNet, Inc. www.FormsWorkFlow.com xx. All time periods set forth in this Motion shall be calculated in accordance with Federal Rule of Bankruptcy Procedure 9006(a). NOTICE AND PRIOR REQUEST xx. Notice of this Motion has been given to the Office of the United States Trustee, counsel to each official committee (if no committee is appointed, the 20 largest unsecured creditors), counsel to all postpetition lenders (or counsel to their agent(s)),and all parties who filed a notice of appearance. The Debtor submits that no other notice need be given. xx. No previous motion for the relief sought herein has been made to this or any other court. xx. A Response must be filed and served within twenty-one (21) days after the date set forth on the Certificate of Service. Unless an objection to this Motion is timely filed, the Court may grant the relief requested without further notice in accordance with Local Bankruptcy Rule 9013–1. WHEREFORE, the Debtor respectfully requests that this Court enter an order pursuant to sections 105(a) and 331 of the Bankruptcy Code (i) establishing procedures for the interim compensation and reimbursement of expenses of professionals for specific services rendered to the Debtor in connection with this chapter 11 case and (ii) granting such other and further relief as may be just and proper. ___________________________________ American LegalNet, Inc. www.FormsWorkFlow.com