This memorandum addresses the procedural requirements established under what is commonly referred to in federal jurisprudence as the Berkeley/Applegate order. This standard governs the timeliness of post-judgment motions for attorney’s fees under Federal Rule of Civil Procedure 54.

The general rule in insolvency is that a liquidator's fees are paid out of the company’s own assets, not from assets it holds on trust for clients or investors. However, if the company’s own funds are insufficient and the liquidator must perform significant work to identify, manage, and return trust assets to their rightful owners, the court may exercise its discretion to grant a Berkeley Applegate order. When the Order is Made

It ensures their assets are professionally managed and returned, even if the company is broke.