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Procedures Governing Reimbursement of Expenses of Volunteer Panel Attorneys

  1.  Purpose. The following procedures (the “Procedures”) provide a mechanism under which attorneys who are members of the Volunteer Attorney Panel (the “Panel” or the “Panel program”) established by the U.S. Bankruptcy Court for the Northern District of Illinois (the “Bankruptcy Court”) can request compensation for litigation costs incurred in connection with pro bono representation in the Bankruptcy Court.

  2.  Eligibility. When an attorney who is a member of the Panel (“Panel Member”) has agreed through the Panel program to represent a party in a proceeding before the Bankruptcy Court on a pro bono basis, that attorney may petition the Bankruptcy Court for reimbursement of expenses incurred as a result of legal work in the proceeding, subject to the limitations in these procedures.

  3.  Limitations.

  1. Subject to the Availability of Funds. Compensation is subject to the availability of funds. These procedures create no right to compensation on the part of a Panel Member, nor do they guarantee the existence of funds from which compensation can be provided.
  2. Limit on Proceedings. Only those expenses incurred in connection with a proceeding in the Bankruptcy Court will be approved for reimbursement. No expenses associated with appeals to the U.S. District Court, U.S. Court of Appeals, or U.S. Supreme Court will be reimbursed.
  3. Limit on Total Reimbursable Expenses. Reimbursement may be requested in connection with a particular proceeding in a total amount not to exceed $1,500.00.
  4. Office Overhead Expenses Not Covered. General office expenses, including personnel costs, rent, telephone services, secretarial help, photocopying equipment, and any general expense that would normally be reflected in the fee charged to a client, are not reimbursable. Expenses associated with computer assisted legal research are not reimbursable.
  5. Not Available to Pay Costs Awarded against Party. Under no circumstances may reimbursement be obtained for costs or fees taxed as part of a judgment obtained by an adverse party against a party represented by a Panel Member under the Panel program.
  6. Travel Expenses and Meals. Travel expenses and expenses associated with meals are not reimbursable.
  7. Reimbursable Expenses Reduced by Amounts Received. Reimbursement under these Procedures is not available to the extent a party is awarded attorney’s fees, costs, or damages in a proceeding, and reimbursement will be reduced by any such amounts.
  1. Expenses Reimbursable.
  1. Deposition and Transcript Costs. The actual costs of depositions and transcripts of deposition and court proceedings may be reimbursed.
  2. Service of Papers, Witness Fees. Fees for service of papers and the appearances of witnesses may be reimbursed to the extent those fees are not otherwise avoided, waived, or recoverable.
  3. Filing Fees. Fees for the filing of papers in the Bankruptcy Court may be reimbursed.
  4. Costs of Photocopies, Photographs, Telephone Toll Calls. Except as provided elsewhere in these procedures, actual, out-of-pocket expenses incurred for items such as photocopying, photographs, and telephone calls may be reimbursed.
  5. Interpreters. The actual fees and costs associated with the services of interpreters, to the extent those costs may be reimbursed to the extent those fees and costs are not otherwise avoided, waived, or recoverable.
  6. Expert Witness Fees and Costs. The actual fees and costs associated with the services of expert witnesses may be reimbursed to the extent those fees and costs are not otherwise avoided, waived, or recoverable.
  7. Other Expenses. Reasonable expenses other than those described above may be reimbursed.
  1. Procedures for Obtaining Reimbursement.
  1. Petition for Reimbursement. A request for reimbursement must be presented to the court in the form of a petition. The petition must attach sufficient documentation to permit the court to determine that the request is appropriate and reasonable and the amounts sought have actually been paid out. The petition must also list any attorney’s fees, costs, or damages awarded to the party represented by the Panel Member in the proceeding.
  2. Time and Manner of Filing the Petition. The petition should be filed at the conclusion of the proceeding in which reimbursement is sought. The petition should be noticed and set for hearing in the same manner as a motion before the judge presiding over the proceeding.
  3. Allowance or Denial of Petition. The presiding judge will rule on the petition and will enter an order. The order will either allow or disallow the request in whole or in part but will not direct payment by or to anyone. The presiding judge may disallow reimbursement of an expense because the request is improper under these Procedures or because the petition is not supported by documentation showing that the expense was appropriate, reasonable, or actually incurred.
  4. Requests for Reimbursement Where Attorney Has Withdrawn. When an attorney who has represented a party under the Panel program has been permitted to withdraw from representing that party and the attorney has incurred expenses potentially reimbursable under these Procedures, the attorney may file a petition for reimbursement within forty-five (45) days of the date of the entry of the order allowing withdrawal. Except for good cause shown, no reimbursement of expenses will be allowed if the petition is filed beyond that 45-day period.
  5. Payment. Upon entry of an order allowing reimbursement of expenses, the petitioning attorney may present the order to the Chicago Bar Foundation for payment by sending it to Bob Glaves, Executive Director, Chicago Bar Foundation, 321 South Plymouth Court, Suite 3B, Chicago, Illinois 60604, or by sending the order to another organization that provides payment of such expenses.