Nunc Pro Tunc Application

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: SOME DEBTOR, Debtor. § § § § § Case No. 11-99999 (Chapter ___) JUDGE [NAME OF JUDGE] NUNC PRO TUNC APPLICATION TO EMPLOY [NAME OF LAW FIRM] AS SPECIAL LITIGATION COUNSEL PURSUANT TO 11 U.S.C. § 328(a) THIS MOTION SEEKS AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF YOU OPPOSE THE MOTION, YOU SHOULD IMMEDIATELY CONTACT THE MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY CANNOT AGREE, YOU MUST FILE A RESPONSE AND SEND A COPY TO THE MOVING PARTY. YOU MUST FILE AND SERVE YOUR RESPONSE WITHIN 21 DAYS OF THE DATE THIS WAS SERVED ON YOU. YOUR RESPONSE MUST STATE WHY THE MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY RESPONSE, THE RELIEF MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT REACHED AN AGREEMENT, YOU MUST ATTEND THE HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT THE HEARING AND MAY DECIDE THE MOTION AT THE HEARING. REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEY. To the Honorable [NAME OF JUDGE], United States Bankruptcy Judge: [Moving Party], (the "Movant") files this Nunc Pro Tunc Application to Employ [Law Firm Name] (the "Firm") as special litigation counsel pursuant to 11 U.S.C. § 328(a). Application to Employ 1. The Movant desires to employ the Firm on a contingency fee basis [or other fee arrangement] to represent the Movant in analyzing and prosecuting [define the claim to be pursued] against third parties. 2. The employment of the Firm is required at this time to pursue the estate's claims. A contingency fee arrangement was negotiated as the estate does not have sufficient American LegalNet, Inc. www.FormsWorkFlow.com unencumbered funds with which to engage counsel and pursue litigation [or other basis for the negotiated fee agreement]. 3. The Firm maintains offices at _____________________, Houston, Texas 770___. The Firm's main telephone number is (___) ___-____. The Firm's fax number is (___) _______. 4. The Movant has selected the Firm because its members have extensive experience in matters relating to ___________________________. The Movant believes that the Firm can provide the estate with the required legal expertise to allow the Movant to handle this litigation effectively and prudently. 5. _________ of the Firm will be designated as attorney-in-charge and will be responsible for the representation of the Movant by the Firm as set forth in this Application. 6. _________ is admitted to practice before all courts in _____________________________. Mr./Ms. ______ has significant experience in handling litigation matters of this type. The Movant has selected Mr./Ms. ____ because of his/her prior experience and specialization in __________. The Trustee believes that Mr./Ms. _____ and the Firm are well qualified to represent the Movant. 7. · · · · The Firm will render professional services including, but not limited to: assisting the Movant in analyzing/prosecuting/etc. claims owned by the estate against third parties; preparing and filing such pleadings as are necessary to pursue the estate's claims against third parties; conducting appropriate examinations of witnesses, claimants and other parties in interest in connection with such litigation; representing the Movant in any adversary proceedings and other proceedings before the Court and in any other judicial or administrative proceeding in which the claims described herein may be affected; Application to Employ Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com · · · · collecting any judgment that may be entered in the contemplated litigation; handling any appeals that may result from the contemplated litigation; performing any other legal services that may be appropriate in connection with the prosecution of the litigation described above; and [list any other specific services to be performed]. Statement Regarding Connections to the Case 8. The Firm has previously represented the Movant prior to [or during] this bankruptcy case. [Describe connections]. Except as set forth above and in the attached affidavit, the Firm has no other connection with the Debtor, its creditors, any other parties in interest, their respective attorneys and accountants, the United States trustee, or any person employed in the office of the United States trustee and are "disinterested persons" within the definition of Section 101(14) of the Bankruptcy Code on the matters for which it is to be engaged as special counsel. See Attached Affidavit. Compensation 9. The Movant has negotiated a contingency fee arrangement with the Movant. Under the proposed agreement, the Firm will receive ______% of any recovery [Describe the fee arrangement]. A copy of the proposed agreement is attached as Exhibit 1. 10. In reaching his decision, the Movant has evaluated the estate's available resources, the complexity of the litigation, the anticipated costs and the associated risks of the litigation. The Movant is concerned that the estate does not have sufficient resources to employ counsel and any needed forensic expert assistance that may be needed on an hourly fee basis. Even if sufficient resources were available, the Movant believes that such resources should be preserved for creditors and non-litigation matters. Under the circumstances, the Movant believes Application to Employ Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.com that the terms of the proposed agreement are both reasonable and prudent. The estate incurs no additional administrative expense without a direct corresponding benefit. 11. The Firm has/has not received any funds from the Debtor or any other party in this case. [If funds have been received, identify amounts received]. 12. In the attached affidavit, the Firm has identified the amount and source of compensation to be paid to the Firm for services rendered in connection with its representation of the Movant in this case. Authority for Employment Nunc Pro Tunc 13. The Debtor originally contacted the Firm in [date hired] to represent the Debtor in connection with the litigation. The Firm immediately took action in the case to protect the Debtor's interests and has continuously since represented the Debtor. The firm was not aware of the bankruptcy filing [insert other facts]. As soon as the Firm discovered the existence of the bankruptcy, it promptly took all necessary actions to prepare/file this nunc pro tunc application. 14. The Court