CACB — And Motion under Lbr 2016-2 for Authorization to Employ Paraprofessional, (F2016-2.1APPTRUSTEEEMPLOY)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F2016-2.1APPTRUSTEEEMPLOY.pdf

Chapter 7 Trustee Name, Address, Telephone & FAX FOR COURT USE ONLY Numbers, State Bar Number & Email Address

Attorney(s) for Chapter 7 Trustee Chapter 7 Trustee appearing without an attorney UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - SELECT DIVISIONDIVISION

In re: CASE NO.: CHAPTER: 7

CHAPTER 7 TRUSTEE’S NOTICE OF MOTION AND MOTION UNDER LBR 2016-2 FOR: AUTHORIZATION TO EMPLOY PARAPROFESSIONAL, AND/OR AUTHORIZATION TO EMPLOY AND PAY FLAT FEE TO TAX PREPARER; NOTICE OF OPPORTUNITY TO REQUEST HEARING; DECLARATION OF CHAPTER 7 TRUSTEE; AND DECLARATION OF PARAPROFESSIONAL [No hearing unless requested under LBR 9013-1(o)] Debtor(s).

TO PARTIES IN INTEREST: _________________________________________________________________________

PLEASE TAKE NOTICE that the duly-appointed Chapter 7 Trustee in this case has filed this motion for court approval of the Chapter 7 Trustee’s request to employ a paraprofessional, and/or pay a flat fee to a tax preparer of up to $ ______________________ (not to exceed $1,000 unless the court orders otherwise). The court may grant the motion authorizing retention of a paraprofessional and expenditure of estate funds without a hearing unless you file with the court and serve upon the Chapter 7 Trustee and the United States Trustee a written objection to the motion explaining all of the reasons for the opposition WITHIN 14 DAYS AFTER THE DATE OF SERVICE OF THIS NOTICE AND MOTION, plus 3 additional days if you were served by mail or pursuant to F.R.Civ.P. 5(b)(2)(D) or (F). If an objection is timely filed, the

“Bankruptcy Code” and “11 U.S.C.” refer to the United States Bankruptcy Code, Title 11 of the United States Code.

“FRBP” refers to the Federal Rules of Bankruptcy Procedure. “LBR” and “LBRs” refer to the Local Bankruptcy Rule(s) of this court.

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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Chapter 7 Trustee will set the matter for hearing and notify you of the date and time of the hearing. Failure to object may be deemed consent to interim authorization of the expenses requested by the Chapter 7 Trustee. 1. The Chapter 7 Trustee moves for an order authorizing employment of a paraprofessional, as follows: a. Name, title and affiliation of the proposed paraprofessional: _______________________________________________________ (1) A resume and rate for services is attached as Exhibit A. (2) It is estimated that the fees for all work by the paraprofessional will be $ ____________________. b. The Chapter 7 Trustee contends that the paraprofessional will provide the following services that are listed in paragraph (f)(1) of LBR 2016-2, and fees for these services will be included in the statutory limitation on the Chapter 7 Trustee’s compensation pursuant to 11 U.S.C. § 326(a).

(1) (2) (3)

c. The Chapter 7 Trustee contends that the paraprofessional will provide the following services that are not included in paragraph (f)(1) of LBR 2016-2, and fees for these services should be paid separate and apart from the Chapter 7 Trustee’s compensation allowed pursuant to 11 U.S.C. § 326(a):

(1) (2) (3)

2. The Chapter 7 Trustee moves for an order authorizing employment of a tax preparer, as follows:

   a. Name, title and affiliation of the proposed tax preparer:

---

(i) A resume is attached as Exhibit B.

b. The tax preparer has agreed to accept up to $ ___________________ (not to exceed $1,000 unless the court orders otherwise) as payment in full for the following services, payable upon completion of such services to the bankruptcy estate, without a separate fee application being required:

Date: Chapter 7 Trustee

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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DECLARATION OF CHAPTER 7 TRUSTEE

I, , the duly-appointed Chapter 7 Trustee in this case, have prepared the foregoing motion for authorization to employ paraprofessionals, and/or for authorization to pay a flat fee of $___________________ (not to exceed $1,000 unless the court orders otherwise) to a tax preparer. The effective and efficient administration of this bankruptcy case dictates approval of the motion and I base that conclusion on the following facts:

I declare under penalty of perjury that the foregoing is true and correct.

Executed on

Date Printed Name of Chapter 7 Trustee Signature

Printed Name

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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DECLARATION OF DISINTERESTEDNESS FOR EMPLOYMENT OF PARAPROFESSIONAL UNDER LBR 2016-2

1. The following is a complete description of all of the paraprofessional's connections with the debtor, principals of the debtor, insiders, the debtor's creditors, any other party or parties in interest, and their respective attorneys and accountants, or any person employed in the office of the United States Trustee:

2. The paraprofessional is not a creditor, an equity security holder or an insider of the debtor, except as follows:

3. The paraprofessional is not and was not, within 2 years before the date of the filing of the bankruptcy petition in this case, a director, officer or employee of the debtor in connection with the offer, sale or issuance of any security of the debtor.

4. The paraprofessional neither holds nor represents any interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in the debtor or an investment banker for any security of the debtor, or for any other reason, except as follows:

5. The paraprofessional is not a relative or employee of the United States Trustee or a bankruptcy judge, except as follows:

I declare under penalty of perjury that the foregoing is true and correct.

Executed on:

Date Printed Name Signature

Printed Name

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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EXHIBIT “A/B” SAMPLE

JOHN A. BAER

30140 Longhorn Drive, Canyon Lake, CA 92587 (909) 244-6812 (office) - (909) 244-0972 (fax) (213) 307-3953 (pager) - (213) 308-8567 (mobile)

EXPERIENCE:

Oct. 1981 to Independent Contractor: Present: Providing a full range of administrative and management services in business or insolvency related cases to businesses, bankruptcy trustees, court appointed receivers, debtors and creditors. Wide range of experience in both liquidating and operating cases including asset recovery and liquidation litigation support, preference analysis and business reorganization management, oversight and guidance.

Duties
• Recovery, Planning and Implementation to Liquidate Real and Personal Property
Assets
• Financial and Operation Analysis
• Budgeting Projections, Case Management, Cash Flow Planning
• Business Plan Analysis and Implementation
• Coordinate Business and Legal Facets of Business Reorganizations
• Creditor Negotiations to Restructure Debt
• Physical Inventory and Valuation
• Plan/Implement/Manage Self Liquidations for Highest Net Return
• Administration/Collection of Accounts Receivable
• Cost Effective Initial Preference Analysis/Litigation Support
• Cost Effective Initial Claims Review/Litigation Support
• Forensic Reconstruction, Organization and Analysis to Locate and Recover
Assets and Reconstruct Records

Oct. 1977 to Partner, Sun Realty Company: Oct. 1981 Operations involved 23 real estate offices, four escrow companies, mortgage brokerage, insurance brokerage, and real estate licensing schools.

June 1960 to Rolling Hills Escrow Company: Oct, 1981 Progression from escrow officer to owner and president of independent escrow company including subsidiary mortgage brokerage. Merged with Sun Realty Company.

EDUCATION: El Camino College, A.A. Degree Business Administration

REFERENCES: Available Upon Request

FEES: Hourly Rate $ _____________________. Hourly rate includes all overhead including telephone charges, copying services and auto mileage expense.

Reimbursable expenses include but are not limited to: parking expenses, cost of film/video tape and processing or other case specific sums advanced.

Travel time is billed at an hourly rate and calculated from the trustee's office.

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:

A true and correct copy of the foregoing document entitled: CHAPTER 7 TRUSTEE’S NOTICE OF MOTION AND MOTION UNDER LBR 2016-2 FOR AUTHORIZATION TO EMPLOY PARAPROFESSIONAL, AND/OR AUTHORIZATION TO EMPLOY AND PAY FLAT FEE TO TAX PREPARER will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the

following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

Service information continued on attached page

2. SERVED BY UNITED STATES MAIL: On (date) , I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.

   Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) , I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed.

   Service information continued on attached page

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date Printed Name Signature

Printed Name

This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

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