The trustee is authorized to pay routine, reasonable, and necessary administrative expenses, except for professional fees, of $1,000 or less per expense, up to an aggregate of $2,500. Neither notice to creditors nor a court order is required for such payments, provided the funds used are not a creditor’s cash collateral or otherwise encumbered.
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If a trustee in a chapter 7 or 13 case does not have liquid funds available to pay the filing fee for an adversary proceeding, notice of removal, or a motion to convert or reopen a case, the fee may be deferred. The trustee shall pay the fee if and when estate funds become available. The trustee’s signature on a motion to defer the fee shall constitute a sworn statement that there are insufficient funds in the estate to pay the fee. Upon filing the motion, the trustee shall submit an order permitting the fee to be deferred.
On or before the date the schedules, statements and other documents required by BR 1007(b) must be filed, the debtor in possession shall file a notice of compensation. The notice of compensation shall disclose: 1) the post-petition compensation the debtor in possession intends to pay insiders as defined by Code § 101(31) from the petition date until confirmation; 2) the compensation the debtor in possession paid to each of those persons within the two-year period prior to the petition date; and 3) the source of such compensation. Unless the court orders otherwise, the debtor in possession shall serve the notice of compensation on all on all creditors, equity security holders, the United States trustee, and other parties in interest.
(a) Applications for Compensation. Applications for interim or final compensation of professionals shall be accompanied by detailed billing statements itemizing all services provided, the time spent on each service, the charge for the service, the identity and hourly rate of each service provider, all costs for which reimbursement is sought, and all taxes passed on to the debtor or estate. Applications shall list the total amounts of fees, costs, and taxes previously
requested, awarded, or paid.
(b) Payment From the Estate. Professional fees will be allowed and paid from the estate in all chapters only after court approval.
The electronic filing of a proof of claim or a transfer of claim with the clerk in accordance with the clerk’s electronic filing procedures: 1) shall constitute the filing claimant’s approved signature by law; and 2) shall constitute entry of the proof of claim or transfer of claim in the claims register pursuant to BR 5003.
Unless extended or shortened by the court, the time for filing a response to a claim objection shall be 30 days from service of the objection and notice thereof. The notice of the objection shall include the deadline to respond and shall state that if no response is timely filed the court may disallow the claim as requested in the objection without
further notice or a hearing. If a response is timely filed, the party objecting to the claim shall contact the courtroom deputy for the assigned judge to request a hearing. If no response is timely filed, the party objecting to the claim may submit a proposed order, reciting the notice given and when the objection deadline expired.
A Chapter 12 debtor shall, within three business days of filing the plan, contact the courtroom deputy for the assigned judge to request a final confirmation hearing and prepare, serve, and timely file a notice of the hearing.
(a) Scheduling the Confirmation Hearing. The chapter 13 plan confirmation hearing will be scheduled by the court.
(b) Deadline to Object to the Plan. Unless the court orders otherwise: 1) the deadline to object to Chapter 13 plan confirmation shall be no fewer than five days before the confirmation hearing; and 2) the chapter 13 trustee and the United States trustee shall have an automatic extension of the time to object to confirmation of a plan until 14 days after conclusion of the first meeting of creditors or five days before a rescheduled confirmation hearing, whichever is earlier. Unless the court orders otherwise, the 28-day objection deadline in BR 2002(b) shall apply to all plans and any pre-confirmation plan modifications.
(c) Notice of Confirmation Hearing. If both a plan and a confirmation hearing notice are filed with the petition in accordance with the clerk’s case opening instructions, the clerk will include a copy of the plan and hearing notice with the notice of the bankruptcy filing. In all other cases, the debtor shall serve on all creditors and other parties in interest a copy of the plan and the confirmation hearing notice, and shall file a certificate of service within three days thereafter. Note: NM LF 600 and 601 were created by the clerk for compliance with this rule.
(d) Requirements for Confirmation. The debtor shall appear in person at any final hearing on plan confirmation, absent exigent circumstances or court approval. The debtor’s failure to attend the final confirmation hearing may be grounds to dismiss the case. The chapter 13 trustee is not required to approve any confirmation order until the debtor has filed a
certification of compliance with Code §§ 1325(a)(8) and (a)(9). If the debtor is not required to pay a domestic support obligation, the certificate shall so state.
The debtor in a chapter 11 small business case shall, within three business days after filing the plan and disclosure statement, contact the courtroom deputy for the assigned judge to request a confirmation hearing. The debtor shall serve the notice and order prepared by the courtroom deputy within three business days of receipt.
Unless the court orders otherwise, in a chapter 11 case when the plan has been accepted by the requisite majorities and no objection to confirmation has been filed, the plan proponent may establish that the plan meets the applicable requirements of Code § 1129(a) by oral offer of proof, provided that any witness whose testimony is being proffered is present.
5) whether any presumption of lack of good faith arises in the current case pursuant to Code § 362(c)(3)(C) or (4)(D) and, if so, the facts movant relies on to rebut the presumption; and 6) whether the debtor seeks to stay one or all creditors.
(b) Deadline to File Motion. A motion to continue or impose the stay shall be filed within seven days of the petition date. Untimely motions may be denied after a hearing or sua sponte.
(c) Requirement to Obtain Hearing and Objection Deadline. Before filing a motion to continue or impose the stay, movant shall contact the courtroom deputy for the assigned judge to request a hearing and an objection deadline. Unless the court orders otherwise, the deadline to object shall be ten days from the date the motion and notice are served. The notice shall state that if no objections are timely filed, the court may grant the relief requested without further notice. Movant shall immediately serve the motion and notice.
Motions filed pursuant to Code §§ 362(c)(4)(A)(ii) or 362(j) shall set forth jurisdiction(s), case number(s), and dismissal date(s) of the prior case(s). If the prior case was in another district, the movant shall attach copies of the relevant court papers from the prior case. The movant shall file and serve the motion and a notice of the objection deadline on the debtor and the trustee, if any. The objection deadline shall be ten days from the date of service of the notice. In a chapter 11 case, the motion and notice shall also be served on any creditors’ committee or, if no committee has been appointed, on the creditors holding the 20 largest unsecured claims. If the movant seeks a declaration with respect to an act against property, the motion and notice shall also be served on all entities that claim an interest in the property, including all co-owners, lienholders, and taxing authorities.