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TCL > March 2003 Issue > Court Business

March 2003       Vol. 32, No. 3       Page  123
From the Courts
Court Business

Court Business

United States Bankruptcy Court
For the District of Colorado

In the Matter of Procedures for Fee Applications
In Chapter 13 Cases
Second Amended General Order 2001-1

Upon the report of the Chapter 13 Fee Procedures Committee, issued August 7, 2000, and its own investigation, the Court determines that it is appropriate to institute a revised system for awarding attorneys fees and costs in Chapter 13 cases while insuring timely and competent representation of debtors, and continue the process of evaluating local procedures for administration of Chapter 13 cases, and particularly for allowance of fees and expenses to attorneys representing Chapter 13 debtors.

To establish and monitor a new system of case representation and fee awards, it is appropriate for the issuance of this General Order. To establish a system for monitoring and reviewing the efficacy of this system, there should be generation of reliable data with regard to the time spent and the fees charged in representation of debtors in Chapter 13 cases and study of such data by the Court, United States Trustee, Chapter 13 Trustee and representatives of the Bar prior to formulation of appropriate amendments to the Local Bankruptcy Rules.

To foster consistency among the divisions of this Court in Chapter 13 matters and to generate sufficient, reliable data for review and evaluation,

IT IS HEREBY ORDERED that:

1. The following fee allowance procedures shall be applicable in all Chapter 13 cases filed on or after January 1, 2003. This Order shall supercede L.B.R. 216 and Amended General Order 2001-1 to the extent such provisions are inconsistent.

2. For allowance of attorneys fees in Chapter 13 cases, attorneys shall provide the Basic Services specified in Exhibit A, as necessary and appropriate, in a timely and competent manner.

3. All Applications for allowance of fees and reimbursement of expenses pursuant to 11 U.S.C. § 330 shall be made using Exhibit B. All Applications shall be filed within 15 days after the date of entry of the Order confirming the Chapter 13 plan and shall be served upon the Chapter 13 Trustee and the debtor(s) with a notice conforming to Exhibit C. The Chapter 13 Trustee and debtor(s) shall have 20 days from the date of service to file an objection.

a. "If the total fees charged for representation through confirmation of a plan do not exceed $1,700.00, Applicant need not supplement Exhibit B, except upon express order by the Court. Absent objection or Order to supplement the Application or otherwise justify the fee, the requested fee and expenses will be allowed without a hearing.

b. If the Applicant requests allowance of a fee in excess of $1,700.00, the Application shall be made by using Exhibit B, which shall be supplemented by a detailed description of all services rendered, the time spent for each service, the charge for each service, and such other and further information as the Applicant believes is necessary to justify allowance of the fee pursuant to 11 U.S.C. § 330(a).

c. If there is no objection, the Court may allow the fee as requested, order further supplementation or set the Application for hearing. Any Order setting a hearing on an unopposed Application shall specify all inadequacies or deficiencies in the Application which may result in reduction or disallowance of the requested fees or expenses. If an objection is filed, the Application and objection will promptly be set for hearing.

This General Order is effective nunc pro tunc January 1, 2003.

Dated: January 16, 2003

By the Court:

Donald E Cordova, Chief Judge
Sidney B. Brooks, Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Howard R. Tallman, Judge

 

Exhibit A
Basic Services Anticipated in Chapter 13 Cases

The following services are denominated Basic Services common to most Chapter 13 cases. Some cases will not require all of these services, but such services are considered essential to competent and effective representation of most debtors in Chapter 13.

1. Meet with the debtor(s) to review and analyze the debtor(s)’ financial situation.
2. Counsel the debtor(s) on whether to file a Chapter 7 or Chapter 13 case and advise the debtor(s) as to their statutory obligations.
3. Evaluate the timing of the filing.
4. Evaluate conflict of interest issues.
5. Explain to the debtor(s) the nature and amount of fees and expenses to be charged to these basic services and any others that are required.
6. Prepare and file the schedules and statement of affairs. This includes obtaining and evaluating information supplied by the debtor(s), advising the debtor(s) on how to value assets, advising the debtor(s) as to exemptions, transfer issues and dischargeability of debts.
7. Assist the debtor(s) in formulating a budget and Chapter 13 plan.
8. Respond to creditor calls and correspondence and conduct negotiations with same.
   9. Supply requested information to the Chapter 13 Trustee.
10. Advise the debtor(s) with regard to the automatic stay and prepare notices of automatic stay as are necessary.
11. Appear at and represent the debtor(s) at the § 341 meeting of creditors.
12. Represent the debtor(s) in negotiations with the Chapter 13 Trustee.
13. Prepare and file any necessary amendments to schedules, statements and proposed plans.
14. Prepare and file motions for avoidance of liens.
15. Represent the debtor(s) at any Rule 2004 examination.
16. File proofs of claim, as necessary, to protect the debtor(s)’ interest.
17. If appropriate, prepare and file responses to and appear at any hearings on motions for relief from automatic stay.
18. Advise the debtor(s) with regard to motions to dismiss/ convert, and, if appropriate, file a response thereto and appear at any hearings on such motions.
19. Prepare and prosecute or timely withdraw motions to confirm proposed plans.
20. Prepare all proposed orders and give all notices as required by the Bankruptcy Rules and Local Bankruptcy Rules.

Exhibit B
United States Bankruptcy Court
For the District of Colorado

In re: 
)
) Case No.
EIN/SSN ) Chapter 13
Debtor(s). )

 

 

Chapter 13 Fee Application

Applicant, ________________, attorney for the Debtor(s) in this case, requests allowance of the following fees and reimbursement of the following out-of-pocket expenses pursuant to 11 U.S.C. § 330.

 

Summary

1. Total fees (pre- and post-petition) incurred in case: $__________
2. Total expenses incurred in case (excluding filing fee): $__________
3. Total sums paid to Applicant to date: $__________
4. Total fees and expenses to be paid through the confirmed Chapter 13 plan: $__________
5. Amount of fees and expenses provided for in the confirmed plan: $__________

Detailed Request

Fee:


1. Fee and expenses disclosed in Applicant’s Rule 2016(b) statement:  $__________
 This fee represents:
 a) ___ a flat charge for all services in the case.
 b) ___ hourly charges based on time spent. The hourly rate to be charged is  $_____/hour for attorney services and $_____/hour for paralegal services.
 c) ___ other fee arrangement based upon _______________________________.
2. If the fee agreement between Applicant and Debtor(s) has changed since the filing of the Rule 2016(b) disclosure, the changes are as follows:
3. To the extent necessary and appropriate in the case, the Applicant has provided the Basic Services listed in Exhibit A to General Order 2001-1 (Basic Services). If the services provided in this case vary from the Basic Services (either exceeding or not including all Basic Services), describe the additional services provided and any Basic Services not provided.
4. The Applicant certifies that a) the contents of this Application are true and accurate; and b) Applicant has provided the legal services described above in a timely and competent manner.

Expenses:

The following expenses were incurred:
___ copies (at _____/copy) = _________

Postage  _________

Other (specify):  _________

Total: _________

_____________ _________________________________
Date                  Signature of Applicant


Certificate of Mailing

Exhibit C
United States Bankruptcy Court
For the District of Colorado

 

In re: 
)
) Case No.
SSN  ) Chapter 13
Debtor(s). )

 
 

 

Notice of Chapter 13 Fee Application

TO THE CHAPTER 13 TRUSTEE AND DEBTOR:

NOTICE IS HEREBY GIVEN that the undersigned counsel for the debtor has applied to this Court or is intending to file a Chapter 13 Fee Application requesting fees and expenses as follows:

Requested Fees:            $________________
Requested Expenses:  $________________

A copy of the Chapter 13 Fee Application is attached.

Pursuant to Second Amended General Procedure Order 2001-1, if you desire to oppose this action you must file a written objection and request for hearing with the Court on or before ________________________, which is twenty (20) days from the date of service of the Chapter 13 Fee Application. Objections and requests for hearings shall clearly specify the grounds upon which they are based, including the citation of supporting legal authority, if any. General objections will not be considered by the Court.
If there is no objection, the Court may allow the fee as requested, order further supplementation or set the Application for hearing.

Dated: __________________________


________________________________________
Signature of Attorney for Debtor(s)
________________________________________
Name of Attorney
________________________________________
Attorney’s Address
________________________________________
City, State and Zip Code
________________________________________
Telephone Number

 

Colorado Supreme Court Criminal Rules Committee

Proposed Amendments to Chapter 29
Colo.R.Crim.P. Rule 35(a) and (c)

Notice of Public Hearing, April 15, 2003
Written Comments Due March 31, 2003

The Colorado Supreme Court will conduct a public hearing on Proposed Amendments to Colorado Rule of Criminal Procedure 35(a) and (c): Postconviction Remedies. The public hearing will be held on Tuesday, April 15, 2003, at 2:00 p.m. in the Colorado Supreme Court Courtroom, 2 E. 14th Ave., Denver, Colorado. An original and eight copies of written comments are to be submitted to: Mac V. Danford, Clerk of the Supreme Court, 2 E. 14th Ave., Denver, CO 80203-2115, by 5:00 p.m., March 31, 2003. Persons wishing to participate in the hearing should notify Mac Danford no later than March 31, 2003.
Note: These Proposed Amendments, along with Reports explaining the changes, can be found at the Colorado Judicial Branch website: http://www.courts.state.co.us/ct-index.htm. Proposed changes are clearly marked.

Colorado Judicial Department
Chief Justice of the Supreme Court Directives

Notice of Availability
A full set of the Chief Justice Directives may be purchased from the Colorado Judicial Department for $15, which includes copying, handling, and postage costs. Checks should be made payable to Colorado Judicial Department and should be mailed to: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203. Individual Chief Justice Directives will be assessed a $5 charge, pursuant to Chief Justice Directive 96-01, concerning standard research fees. Chief Justice Directives also are available from the Colorado Supreme Court homepage at: http://www.courts.state.co.us/supct/cjdirect/cjdirectives.htm.

Publication in The Colorado Lawyer
Chief Justice Directives will be published on a space available basis in this “Court Business” section of The Colorado Lawyer. Some attachments may be omitted. To obtain a copy of attachments, contact the Court Services Division, Office of the State Court Administrator, 1301 Pennyslvania St., #300, Denver, CO 80203.

 

Chief Justice Directive 85-22
Supreme Court of Colorado
Office of the Chief Justice
Rate of Interest on Judgments which are Appealed

Pursuant to the cited references, the Colorado Secretary of State has certified the following rates of interest on judgments that are appealed:

 

Effective Date  Rate  Date Certified
January 1, 1993 5% January 4, 1993
January 1, 1994  5% January 4, 1994
January 1, 1995  7% January 3, 1995
January 1, 1996 7% January 2, 1996
January 1, 1997 7% January 3, 1997
January 1, 1998 7% January 1, 1998
January 1, 1999 7% January 4, 1999
January 1, 2000 7% January 1, 2000
January 1, 2001 8% January 1, 2001
January 1, 2002     3% January 1, 2002
January 1, 2003     3% January 2, 2003



DONE this 8th day of January 2003

Approved by the Chief Justice:

Mary J. Mullarkey

References

Section 5-12-106(2), 2 C.R.S (2002) and 13-21-101(3), 5 C.R.S. (2002)

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