CACB — For Additional Fees and Related Expenses in a Pending Chapter 13 Case Subject to a Rights and (F3015-1.12APPCH13FEES)

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F3015-1.12APPCH13FEES.pdf

Attorney Name, Address, Telephone & FAX Numbers, FOR COURT USE ONLY State Bar Number & Email Address

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA - SELECTSELECT DIVISIONDIVISIONDIVISION

In re: CASE NUMBER:

CHAPTER 13

APPLICATION OF ATTORNEY FOR DEBTOR FOR ADDITIONAL FEES AND RELATED EXPENSES IN A PENDING CHAPTER 13 CASE SUBJECT TO A RIGHTS AND RESPONSIBILITIES AGREEMENT (RARA)

[11 U.S.C. § 330(a)(4)(B); LBR 3015-1(v)(2)] Debtor(s).

TO DEBTOR, CHAPTER 13 TRUSTEE, AND PARTIES IN INTEREST:

1. Rights and Responsibilities Agreement. The undersigned Attorney and Debtor are parties to a Rights and Responsibilities Agreement (RARA) filed as docket number ____ _.

2. RARA Fee Agreement Pursuant to the RARA, Debtor agreed to pay Attorney (i) a flat fee of $ _________ for those services identified in boldface type in the RARA (Basic Services) and (ii) an hourly fee of $ ________ per hour, or a reasonable flat fee, for services other than the Basic Services (Additional Services).

   (If the RARA contains any other or different provisions regarding fees for Additional Services, Attorney must
   (i) check this box and (ii) attach an addendum providing the details.)

3. Request for Additional Fees. Pursuant to 11 U.S.C. § 330(a)(4)(B) and LBR 3015-1(v)(2), Attorney requests allowance and payment of the following:

   Fees for Additional Services $__________
   Expenses related to Additional Services $__________

   Total $__________

   “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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4. Case Status. This Chapter 13 case has not been dismissed or converted.

5. Plan Status.

   A Chapter 13 Plan was confirmed in this case by order entered as docket number _____ _.

   A Chapter 13 Plan has not yet been confirmed in this case; a hearing is set for (date) ______________ _.

6. Fee Award for Basic Services.

   Attorney was awarded fees for Basic Services in the amount of $ _____________ in the order confirming the plan and/or a separate order of the court.

7. Prior Applications for Additional Fees.

   Attorney has not previously applied for Additional Fees in this case.

   Attorney has previously applied for Additional Fees in this case. A total of $ _____________ has been

   awarded to Applicant for Additional Fees pursuant to prior requests.

   One or more applications for Additional Fees in this case are pending. See docket number(s). ____________________________. A total of $ ___________ in Additional Fees has been requested pursuant to those pending applications.

8. Disclosure of Amounts Previously Paid To Attorney. Pursuant to LBR 3015-1(v)(2), Attorney discloses the following amounts paid to date (including prepetition payments) by Debtor or the Chapter 13 Trustee to Attorney and the source of those payments:

   Date Received Amount Received Source of Payment

   TOTAL

9. Amount and Basis for Compensation Requested. A. Presumptively Reasonable Fees (No Look Fees). Attorney requests an award of fees for Additional Services identified in the following table; these amounts are equal to or less than the maximum Presumptively Reasonable Fee (No Look Fee) specified in the TCG Supplement to LBR 3015-1(v) that is posted in The Central Guide. (If you are requesting fees for more than one instance of the same type of service, you must provide the pertinent details in the “Explanation” box or in an addendum.)

   Fee Maximum Legal Service Docket Requested No Look Fee No. $ $1,025.00 Motion to extend / impose automatic stay (no opposition) $ $500.00 Application for order setting hearing on shortened notice [LBR 9075- 1(b)] (no opposition) $ $1,725.00 Motion to avoid lien [11 U.S.C. § 506(a)] (no opposition) $ $2,050.00 Motion to avoid lien [11 U.S.C. § 506(a)] resolved by a stipulation and order to avoid lien 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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$ $1,025.00 Motion to avoid lien [11 U.S.C. § 522(f)] (no opposition)

$ $1,325.00 Objection to claim (motion to disallow claim) (no opposition)

$ $500.00 Opposition to Chapter 13 Trustee’s motion to dismiss or convert case

$ $1,025.00 Motion to modify plan (no opposition)

$ $1,025.00 Motion to refinance / sell real property (no opposition)

$ $1,025.00 Motion to incur debt (no opposition)

$ $425.00 Application for order confirming that loan modification discussion does
not violate the automatic stay (no opposition)
$ $2,775.00 Adversary Proceeding to avoid lien (no response)
$ $3,375.00 Loan Modification Management Program (Attorney’s Fees and Costs)

$ Total Requested

B. Hourly or Other Additional Fees. Attorney requests an award of fees for Additional Services on an hourly or
other basis.

a. Dates during which the Additional Services were provided: from (dates) ___________ to __________ _.

b. Summary of hourly fees requested for the Additional Services.

Name Attorney or Hourly Hours Billed Total
Paralegal? Rate Requested

$ $

$ $

$ $

$ $

$ $
TOTAL

c. Description of the nature, necessity, and results of the Additional Services for which hourly fees are
requested in this Section 10.B: (Check here if an addendum containing additional information is
attached.)

d. A billing statement is attached as Exhibit A, identifying each service performed, the service provider, the
date rendered, the time spent, and the amount billed (required).

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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e. If fees for the Additional Services are requested other than on an hourly basis, the amount requested and the basis for that request are as follows:

10. Expenses. Attorney requests an award of expenses incurred in connection with the Additional Services in the amounts summarized in the following table.

    Expense Category Amount Requested

    $

    $

    $

    $

    $

    $

    $

    TOTAL $

    Additional Explanation: (Check here if an addendum containing additional information is attached.)

    (Note: If you are requesting the allowance of expenses related to No Look Fee services, you must explain above

    why the requested expenses are extraordinary.)

11. Request for Payment.

    Attorney requests that all fees and expenses allowed hereunder be awarded and paid by the Chapter 13 Trustee through the plan that has been or may be confirmed in this case.

    Attorney requests that the fees and expenses allowed hereunder be awarded and paid in the following manner (specifically describe the proposed source(s) of payment and the proposed timing of that payment):

    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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12. Consent and Declaration of Debtor.

    CONSENT AND DECLARATION OF DEBTOR(S)

    The undersigned Debtor declares that s/he has reviewed the foregoing Application and consents to approval of payment of the fees and expenses requested by Attorney. Executed this ___ day of _________, 20 at (city) _______________________________, (state) ____ Signature of Debtor 1: __________________________________________ Printed name of Debtor 1: _______________________________________ Signature of Debtor 2: __________________________________________ Printed name of Debtor 2: _______________________________________

13. Certifications of Counsel.

    a. No Prior Request. I certify that Attorney has not previously requested fees or expenses for any of the
    Additional Services that are the subject of this Application. If I cannot make this certification, I have
    checked this box and attached an addendum that discloses the details of that prior request.

    b. No Debtor Consent and Declaration. If Debtor has not executed the Consent and Declaration in
    Paragraph 12, the reason Debtor has not done so is as follows:

    c. True and Correct. I certify that the information contained in and attached to this Application is true and
    correct.

    Date: Respectfully submitted,

    .
    Signature of Attorney for Debtor

    .
    Printed name of Attorney for Debtor

    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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