United States Bankruptcy Court

for the District of Colorado


Local Bankruptcy Rule 216

Applications for Compensation of Professional Persons

(a) Form of Fee Application: Except as set forth in subsection (c), every fee application filed pursuant to 11 U.S.C. 330 or 331 shall contain the following:

(1) An introductory statement indicating when retention of the applicant was approved by the court, a general description of the nature of the services rendered by the applicant, a statement of the compensation requested and the compensation previously sought by and allowed to the applicant, and whether the compensation sought is interim or final. The introductory statement shall also include a general statement of the status of the case.

(2) A narrative description of the work performed divided into categories, in detail relative to the complexity of the case and the amount of the fees requested. Within each category the narrative shall describe generally the nature of the services, the result obtained, the benefit to the estate, a description of what additional work remains to be done with respect to the matter, a statement of the number of hours spent on the particular matter and by whom, and the portion of the fee applicable to the particular matter. In addition, each narrative description shall refer to a separate exhibit which shall contain copies of detailed time entries from records contemporaneously kept by the applicant which support the fee sought with respect to each particular matter, including a description of the date the work was performed, the individual performing the work, the time spent on each task (expressed in tenths of hours), the fee for each task, and a detailed description of the work performed.

(b) Cover sheet: Except in Chapter 13 cases, any professional filing a fee application shall also file a cover sheet in the form specified in L.B.F. 216.1, Cover Sheet. A copy of the cover sheet shall be served on all interested parties served with the notice of the filing of the fee application.

(c) Form of Fee Application or Disclosure in Chapter 13: Attorneys for debtors in Chapter 13 cases shall submit a narrative fee application, or disclosure of fees paid, in substantial conformity with L.B.F. 216.2, Application. The attorney shall submit with the fee application or disclosure an order in substantial conformity with L.B.F. 216.3, Order. In the absence of objection by a party in interest, the fees requested may be allowed by the court, or the court may require the attorney to file a formal fee application in conformity with subsection (a) of this Rule.

(d) Time for Filing Chapter 13 Fee Applications: In Chapter 13 cases, the attorney for the debtor shall file with the court and serve upon the Standing Chapter 13 Trustee a copy of a fee application or, in cases where the attorney has been paid a full retainer in advance and is not seeking payment of fees through the plan, a disclosure of fees paid and an application for approval of such fees, no later than fifteen (15) days after the date of entry of the order confirming the plan. The Standing Chapter 13 Trustee will have ten (10) days from the date of service of the application in which to file an objection to the application. If the application for fees is in an amount equal to or less than that disclosed in the plan, no further notice of the filing of the fee application need be given. If the application for fees is in an amount greater than that disclosed in the Chapter 13 statement and plan, then, pursuant to Fed.R.B.P. 2002(a), notice must be provided to the Standing Chapter 13 Trustee and all parties in interest, and any resulting amendments to the plan shall also be served upon those parties. A failure to timely file the fee application may result in the entry of an order denying all fees in the case.

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