Trustee's Application to Employ a Professional

Rev. 03/20/2024

11. U.S.C. § 327
Fed R. Bank. P. 2014
Miss. Bankr. L.R. 2014-1

Application to employ a professional filed by the trustee pursuant to § 327 of the code must include: See Fed. R. Bank. P. 2014(a)

  • The specific facts that provide for the necessity of employment.
  • The name of the person to be employed.
  • The reasons for the selection.
  • The professional services to be rendered.
  • A verified statement of the person to be employed disclosing the person's connections with:
    • debtor
    • creditors
    • any other party-in-interest and their attorneys and accountants
    • the United States Trustee and any employee in the Office of the United States Trustee.
Application to employ multiple professionals must also include the following:
  • Proposed arrangement for compensation and
  • In a contingency case, a specific allocation of fees by percentage, among the professionals. See Miss. Bankr. L.R. 2014-1(a)(1).

Application for retroactive employment must also include:

  • Why the applicant did not file the application earlier;
  • Why the order employing the professional is required nunc pro tunc; and
  • How approval of the application may prejudice any party. See Miss. Bankr. L.R. 2014-1(c)(2).

Note: The proposed order submitted with the application may not approve the professional's fee contract or compensation. See Miss. Bankr. L.R. 2014-(a)(2).

Chapter 11 Requirements

KMS Cases

JAW Cases

Application with Certificate of Service and verified statement

Application with Certificate of Service and verified statement

21 day notice to all creditors and parties-in-interest

21 day notice to all creditors and parties-in-interest

Proposed Order

Proposed Order

 

Motion Docket Event:

[Bankruptcy> Motions/Applications> Employ (Do Not Use to Employ/Appoint an Examiner)]

Notice Docket Event:

[Bankruptcy > Notices > 21 Day Notice]

To employ debtor's counsel see Employ Debtor's Attorney in Chapter 11 Case.

Chapter 7, 12, or 13 Requirements

KMS Cases

JAW Cases

Application with Certificate of Service and verified statement

Application with Certificate of Service and verified statement

21 day notice to all creditors and parties-in-interest when an application seeks retroactive (nunc pro tunc) employment. See Miss. Bankr. L.R. 2014-1(c)

21 day notice to all creditors and parties-in-interest when an application seeks retroactive (nunc pro tunc) employment. See Miss. Bankr. L.R. 2014-1(c)

Proposed Order

Proposed Order

 

Motion Docket Event:

[Bankruptcy> Motions/Applications> Employ (Do Not Use to Employ/Appoint an Examiner)]

Notice Docket Event:

[Bankruptcy > Notices > 21 Day Notice]


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U.S. Bankruptcy Court    Southern District of Mississippi