Last updated: 10/4/2023
Order Approving Employment {NM LF 327}
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Description
NM LF 327 IF AN ORDER IS NOT SUBMITTED IN SUBSTANTIALLY THIS FORM, COUNSEL ORDINARILY WILL BE ASKED TO JUSTIFY THE CHANGES. UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: Case No. Debtor(s). ORDER APPROVING (DEBTOR222S/TRUSTEE222S) EMPLOYMENT OF (NAME) This matter came before the Court, pursuant to 11 U.S.C. 247 and Bankruptcy Rule 2014, upon the 222s (223Movant222s224) Motion to Employ , filed , docket no. (the 223Motion224). The Court, having reviewed the record and considered the Motion, and being sufficiently advised, FINDS: (a) On , the Debtor filed its voluntary petition under chapter of the Bankruptcy Code; American LegalNet, Inc. www.FormsWorkFlow.com -2- (b) On , Movant filed the Motion, seeking approval, effective as of such filing date, of the employment of (223Professional224) as for Movant in this bankruptcy case; (c) On , Professional filed disclosures pursuant to Bankruptcy Rules 2014 and/or 2016. (Docket No(s). ); (d) On , Movant served notice of the Motion by mail or by use of the Court222s case management and electronic filing system for the transmission of notices, as authorized by Fed.R.Civ.P. 5(b)(3) and NM LBR 9036-1, on all creditors and other parties in interest shown on the mailing list maintained by the Clerk of the Bankruptcy Court for this case, specifying an objection deadline of 21 days from the date of service, to which three days was added under Bankruptcy Rule 9006(f); (e) Notice given of the Motion was sufficient in form and content; (f) The objection deadline expired on ; (g) No objections to the Motion were filed, timely or otherwise (or recite any objections and the disposition of the objections); and (h) The Motion is well taken and should be granted as provided herein. IT IS, THEREFORE ORDERED: 1. Movant222s employment of Professional, pursuant to Bankruptcy Code 247, to render services as provided in the engagement letter attached to Professional222s Rule 2014 disclosure, hereby is approved effective as of the date the Motion was filed. 2. Movant is authorized to pay Professional on a monthly basis, upon receipt of Professional222s billing statements and prior to the Court222s approval of the Professional222s compensation 223Interim Payments224), 75% of billed fees, 100% of reimbursable costs, and American LegalNet, Inc. www.FormsWorkFlow.com -3- 100% of applicable gross receipts tax on paid fees and costs[add in chapter 11 cases:; provided, however, that the Debtor will make Interim Payments to Court approved professional persons retained by the Debtor and any official committee on a pro rata basis]. Such payments are to be made (if applicable: first, from a pre-petition retainer in held in Professional222s trust account, and when the retainer is fully expended, thereafter) from (other) funds of the estate (if applicable: subject to authority to use cash collateral to make such payments). The Movant may make Interim Payments to Professional based on services charged at the hourly rates set forth in the Motion. Payment of fees, costs and gross receipts taxes, whether or not approved by interim Court order, may be subject to disgorgement if the estate is ultimately found to be administratively insolvent, or if the compensation paid exceeds the amount allowed on a final basis. 3. All fees, costs and gross receipts taxes charged or paid on a monthly basis or otherwise, including the reasonableness of rates charged, are subject to ultimate approval of the Bankruptcy Court under Bankruptcy Code 247247 328, 330 and 331. 4. Professionals will file fee applications at least every 180 days. The fee applications will contain a detailed statement showing services performed by Professionals, compensation received, and any compensation previously approved. ### END OF ORDER ### Submitted by: Name Attorney for Address Telephone Email Copy to: American LegalNet, Inc. www.FormsWorkFlow.com -4- United States Trustee P.O. Box 608 Albuquerque, New Mexico 87103 American LegalNet, Inc. www.FormsWorkFlow.com
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