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Notice Of Motion And Motion In Individual Chapter 11 Case F 2081-1.5.MOTION.EMPLOYMENT - California
| Notice Of Motion And Motion In Individual Chapter 11 Case Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal . |
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Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Individual appearing without attorney Attorney for: UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION** In re: CASE NO.: CHAPTER: 11 DIVISION NOTICE OF MOTION AND MOTION IN INDIVIDUAL CHAPTER 11 CASE FOR ORDER EMPLOYING PROFESSIONAL [LBR 2014-1] This motion is being made under ONLY ONE of the following notice procedures: No hearing unless requested under LBR 9013-1(o)(4); or Hearing requested on emergency basis: LBR 9075-1(a); or Hearing requested on shortened notice: LBR 9075-1(b); or Hearing set on regular notice: LBR 9013-1(c): DATE: TIME: COURTROOM: PLACE: Debtor(s). PLEASE TAKE NOTICE THAT the Debtor seeks an order employing a professional in this case. Your rights might be affected by this Motion. You may want to consult an attorney. Refer to the box checked below for the deadline to file and serve a written response. If you fail to timely file and serve a written response, the court may treat such failure as a waiver of your right to oppose the Motion and may grant the requ ested relief. You must serve a copy of your opposition upon the Debtor, the Debtor's attorney, the United States trustee, and on the judge pursuant to LBR 5005-2(d) and the Court Manual. a. No Hearing Scheduled; Notice Provided Under LBR 9013-1(o): This Motion is filed by the Debtor pursuant to LBR 9013-1(o), which provides for granting of motions without a hearing. The full Motion is This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2012 Page 1 F 2081-1.5.MOTION.EMPLOYMENT attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a written response and request for hearing with the court and serve it as stated above, no later than 14 days after the date stated on the Proof of Service of this Motion plus 3 additional days if you were served by mail, electronically, or pursuant to F.R.Civ.P. 5(b)(2)(D), (E), or (F). Your opposition must comply with LBR 9013-1(f) and (o). b. Hearing Requested on Emergency Basis under LBR 9075-1(a): Hearing Requested on Emergency Basis under LBR 9075-1(a): The Debtor has contacted the court and requested an emergency hearing on less than 48-hours notice. If the court grants the request, you will receive a separate Notice of Hearing that identifies the deadline for the Debtor to file and serve the Motion and the deadline for you to file and serve a written response. If the court denies the request to set an emergency hearing, the Debtor will provide written notice of a regular hearing date or other disposition of this motion and the deadline for filing an opposition. Hearing Requested on Shortened Notice under LBR 9075-1(b): The Debtor has filed a separate motion asking the court to set a hearing on shortened notice, titled Application for Order Setting Hearing on Shortened Notice (Application). If the court grants the Application, the Debtor will serve you with another document providing notice. The deadline to file and serve a written response will be contained in this document. If the court denies the Application, the Debtor will provide written notice of a regular hearing date or other proposed disposition of this motion. Hearing Set on Regular Notice; Notice Provided Under LBR 9013-1(c): This Motion is set for hearing on regular notice pursuant to LBR 9013-1(c). The full Motion and supporting documentation are attached, including the legal and factual grounds upon which the Motion is made. If you wish to oppose this Motion, you must file a written response with the court and serve it as stated above no later than 14 days prior to the hearing. Your response must comply with LBR 9013-1(f). The undersigned hereby verifies that the hearing date and time selected were available for this type of Motion according to the judge's selfcalendaring procedures [LBR 9013-1(b)]. Other (specify): c. d. e. Date: By: Signature of Debtor Printed name of Debtor Name: Date: By: Signature of attorney for Debtor, if any Printed name of attorney for Debtor, if any Name: This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2012 Page 2 F 2081-1.5.MOTION.EMPLOYMENT MOTION FOR ORDER EMPLOYING PROFESSIONAL [LBR 2014-1] (a) EMPLOYING PROFESSIONAL (1) In order for the Debtor to effectively reorganize, the Debtor must employ the following professional: effective as of (date) (A separate motion is required for each professional) Type of Professional Name of Proposed Professional . (2) The following information and documents are provided in support of this Motion: (A) (B) The Debtor seeks to employ this professional pursuant to: 11 U.S.C. § 327 or 11 U.S.C. § 328. The Debtor has selected this professional because the proposed professional is well qualified to represent the Debtor in this proceeding and for the following additional reasons: (C) The professional services to be rendered include (check all that apply): (i) Providing the Debtor with legal advice with respect to the Debtor's powers and duties as the Debtor in the continued operation of the Debtor's business and management of property; Assisting the Debtor in the investigation and determination of the estate's assets and liabilities; Preparing necessary applications, answers, motions, orders, reports and/or other legal papers on behalf of the Debtor; Assisting in the collection of all accounts receivable and other claims that the Debtor may have; Providing advice, as counsel, concerning the claims of secured and unsecured creditors, prosecution and/or defense of all actions relating thereto; Preparing, prosecuting and attaining confirmation of a plan of reorganization in these proceedings; Assisting the Debtor and general counsel with litigation matters that may arise during the pendency of the case. Specific litigation matters are detailed in a declaration of proposed professional attached to this Motion; Preparing income and expense reports, tax returns, monthly operating reports and providing data necessary for interim statements and operating reports; Providing real estate brokerage services; Other (specify): ___________________________________________________ ___________________________________________________ ___________________________________________________ (ii)
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