Employment Applications

Formerly, Judge Starzynski believed that the hourly rate for professionals employed by the estate is a matter to be considered at the outset of the employment, not at the fee application stage. On June 30, 2010, the Judge issued an opinion in In re: Jeffrey David Heise, 436 B.R. 143, 147-48 (Bankr. D. N.M. 2010) that changed this long-standing practice. This opinion states that the hourly rate will now be evaluated in the context of a fee application. This new practice will allow the Court to judge the value of services provided after the fact rather than predicting it beforehand.

For fee applications, use of the format suggested by the Office of the United States Trustee is highly encouraged; this facilitates review of the application by both that office and the Court.