Md. R. Rec. & Assign. 13-303

As amended through October 15, 2024

Rule 13-303 - Compensation and Expenses for Receiver, Assignee, or Professional

(a) Motion for Allowance of Compensation and Expenses

Except to the extent provided in the order appointing a receiver in a proceeding filed under Code, Commercial Law Article, § 24-103(a)(1), or except as provided in Code, Commercial Law Article, § 24-303(d)(2) or Rule 13-301(b), before a receiver, assignee, or any person performing services for the estate pursuant to Rule 13-301 is paid compensation or reimbursed for expenses not previously approved by the court, the receiver or assignee shall file with the court a motion for the allowance of compensation and expenses. The motion shall include the information required by Code, Commercial Law Article, § 24-303(c)(1), and also shall include:

(1) the amount of compensation and expenses requested;

(2) the amount of any compensation or expenses previously allowed by the court to the movant;

(3) the amount of any compensation and expenses received from or to be paid by any source other than the estate; and

(4) a detailed description of any agreement or understanding for a division of the compensation between the person rendering services and any other person except those specifically permitted to share in compensation by section (c) of this Rule.

(b) Allowance

The court shall review the motion and any evidence presented and shall determine the appropriate amount of compensation and expenses to be paid to the receiver, assignee, or person performing services for the receiver or assignee. In determining the amount, the court is not bound by any compensation or commission fixed in an assignment for the benefit of creditors or in any other agreement not approved by the court.

(c) Sharing of Compensation

Without the express written approval of the court, a receiver, assignee, or person performing services for a receiver or assignee shall not, in any form or manner, share or agree to share compensation for services rendered with any person other than a partner, employer, or regular employee of the person rendering services.

Source: This Rule is derived in part from former Rule BP7 and is in part new.

Md. R. Rec. & Assign. 13-303

This Rule is derived from former Rule BP7.

Adopted June 5, 1996, eff. 1/1/1997; amended June 29, 2020, eff. 8/1/2020.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure BP7, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to compensation and fees, rescinded June 5, 1996, eff. Jan. 1, 1997.