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Local Bankr.R.2014-1

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Local Bankr. R. 2014-1 Employment of Professionals.

(a)     Statement Required by Rule 2016(b).

The statement required by FRBP 2016(b), Form B2030, shall be filed with any application for employment of counsel for the Debtor or any application or motion seeking substitution of counsel for the Debtor. The Form B2030 shall indicate: (i) whether the filing fee has been paid simultaneously with the filing of the petition; (ii) the amount of the filing fee that has been paid simultaneously with the filing of the petition; and (iii) the source of the filing fee that has been paid simultaneously with the filing of the petition.  A copy of an engagement or retainer agreement shall be filed with Form B2030. The failure to fully complete and file Form B2030 with any application or motion seeking employment or substitution of employment may result in denial of the application.

(b)     Retroactive or Nunc Pro Tunc Employment.

(1)      If an application to employ a professional is filed within thirty (30) days after the commencement of services provided by that professional, the application shall be deemed contemporaneously filed unless the Court   orders otherwise.

(2)      If an application to employ a professional is filed more than thirty (30) days after the commencement of services by the professional and the application seeks retroactive or nunc pro tunc relief, the application shall include:

(A)      an affidavit setting forth the facts relating to the late filing of the application; and

(B)      the legal authority the applicant relies on as to why the retroactive or nunc pro tunc relief sought is appropriate under applicable law.

(c)      Any application seeking approval of a contingent fee shall: (i) have annexed to it the engagement or retainer agreement; and (ii) sufficient information to confirm its enforceability under applicable non-bankruptcy laws and the applicable Rules of Professional Conduct, including the Connecticut Rules of Professional Conduct.

(d)     Maintenance of Retainer Funds.

Unless the Court orders otherwise, in a Chapter 9, 11, 12, and 13 case, any professional employed by a Debtor or a trustee shall deposit funds paid upon or in anticipation of the commencement of the case for professional services and expenses to be rendered after the petition date, regardless of the source of funds (i.e., whether received from the Debtor, an insider of the Debtor as defined in 11 U.S.C. § 101(31), or a third party), in a trust account, clients’ funds account, escrow account, or IOLTA account consistent with Rule 1.15 of the Connecticut Rules of Professional Conduct.

(e)     Application of Retainer Funds.

Any funds required to be deposited into in a trust account, clients’ funds account, escrow account, or IOLTA account consistent with Rule 1.15 of the Connecticut Rules of Professional Conduct shall not be applied to fees earned or expenses incurred by a professional after the petition date absent a prior court order authorizing such application.