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Trustees Notice Of Motion And Motion Under LBR 2016-2 F 2016-2.1.APP.TRUSTEE.EMPLOY - California
| Trustees Notice Of Motion And Motion Under LBR 2016-2 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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Chapter 7 Trustee Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY Attorney for trustee Trustee appearing without an attorney UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION**DIVISION In re: CASE NO.: CHAPTER: 7 TRUSTEE'S NOTICE OF MOTION AND MOTION UNDER LBR 2016-2 FOR: AUTHORIZATION TO EMPLOY PARAPROFESSIONALS, AND/OR AUTHORIZATION TO PAY FLAT FEE TO TAX PREPARER; NOTICE OF OPPORTUNITY TO REQUEST HEARING; DECLARATION OF TRUSTEE; AND DECLARATION OF PARAPROFESSIONAL Debtor(s). [No hearing unless requested under LBR 9013-1(o)] TO PARTIES IN INTEREST: _________________________________________________________________________ PLEASE TAKE NOTICE that the duly-appointed chapter 7 trustee has filed this motion for court approval of the trustee's employ a paraprofessional, and/or pay a flat fee to a tax preparer of up to $ ______________________ request to (not to exceed $750 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 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, electronically, or pursuant to F.R.Civ.P. 5(b)(2)(D), (E), or (F). If an objection is timely filed, the 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 trustee. This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 2016-2.1.APP.TRUSTEE.EMPLOY 1. The trustee moves for an order authorizing employment of a paraprofessional, as follows: A. Identity of proposed paraprofessional: _______________________________________________________ (i) A resume and rate for services is attached as Exhibit A. (ii) It is estimated that the fees for all work by the paraprofessional will be $ ____________________. B. The 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 trustee's compensation pursuant to 11 U.S.C. § 326(a). (i) (ii) (iii) C. The trustee contends that the paraprofessionals 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 trustee's compensation allowed pursuant to 11 U.S.C. § 326(a): (i) (ii) (iii) 2. The trustee moves for an order authorizing employment of a tax preparer, as follows: A. Identity of proposed tax preparer: (i) A resume is attached as Exhibit B. B. The tax preparer has agreed to accept up to $ ___________________ (not to exceed $750 unless the court orders otherwise) as payment in full for the following services. 3. The trustee moves for an order authorizing payment from property of the estate of a sum not to exceed $ ______________________ (not to exceed $750 unless the court orders otherwise) to the tax preparer upon completion of such services to the 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. December 2012 Page 2 F 2016-2.1.APP.TRUSTEE.EMPLOY DECLARATION OF TRUSTEE I, , the duly-appointed chapter 7 trustee, have prepared the foregoing authorization to employ paraprofessionals, and/or for authorization to pay a flat fee of motion for $___________________ (not to exceed $750 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 under the laws of the United States that the foregoing is true and correct. Date Printed Name of chapter 7 trustee Signature This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 3 F 2016-2.1.APP.TRUSTEE.EMPLOY DECLARATION OF DISINTERESTEDNESS FOR EMPLOYMENT OF PARAPROFESSIONAL PERSON 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 petition herein, 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 under the laws of the United States that the foregoing is true and correct. Date Printed Name Signature This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 4 F 2016-2.1.APP.TRUSTEE.EMPLOY 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 Present: Independent Contractor: 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
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