In re Wesseldine
Mar
08
2010
Ruling
Debtors' attorneys not entitled to fees in excess of initial flat fee.
Procedural posture
In the chapter 13 debtors' proposed plan, movant, the counsel for the debtors, sought to carve out certain services out of the flat fee submitted in its disclosure pursuant to 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b). The chapter 13 trustee filed an objection.
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Court
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In re Church
Aug
21
2009
Ruling
Attorney ordered to disgorge undisclosed prepetition fees.
Procedural posture
The chapter 13 bankruptcy administrator filed a motion for examination of the debtors' transactions with their attorney. The court conducted a hearing as to the amount of legal fees the attorney had charged the debtor, or that the debtors had actually paid the attorney, which was an issue of dispute between them. The debtors contended they had paid a $ 1,200 fee that the attorney denied receiving.
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Court
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In re Gonzalez
Feb
11
2009
Ruling
Debtor's attorney ordered to disgorge fees to the extent determined extreme.
Procedural posture
A debtor's attorney was ordered to show cause why his fees should not have been disgorged to the extent they were deemed excessive, pursuant to 11 U.S.C.S. § 329(a).
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Court
:
In re Gage
Sep
17
2008
Ruling
Sanctions not warranted for debtor's attorney's undisclosed collection of excess fees where fees were returned and Rule 2016 statement corrected.
Procedural posture
The chapter 13 trustee moved, pursuant to 11 U.S.C.S. §§ 329 and 330 and Fed. R. Bankr. P. 2017, that the court examine the fees of the attorney for the debtor; to find the attorney in contempt of court for receiving undisclosed fees for other services rendered to the debtor; and for sanctions, plus the assessment of costs and attorney's fees incurred by the trustee, based upon a finding that the attorney's conduct was misleading and fraudulent.
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Court
:
In re Gay
Jun
27
2008
Ruling
Debtor's attorneys' fees allowed in reduced amount due to failure to disclose payment by non- debtor entity.
Procedural posture
The attorney for a chapter 11 debtor filed an application for compensation, seeking approximately $ 88,000 in attorney's fees and costs.
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Court
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Simone v. No Respondent (In re All Cases in Which Robin L. Musher is Counsel of Record)
May
28
2008
Ruling
Counsel appointed to replace debtor's original counsel due to misconduct entitled to compensation from trust consisting of fees otherwise due original counsel.
Procedural posture
After movant, a law firm (Firm A), applied for approval and payment of fees in connection with its representation of various chapter 13 debtors, respondent attorney (Firm B) filed objections. At issue was whether Firm A was entitled to be paid the requested fees from a trust into which fees otherwise payable to Firm B were directed after the discovery of misconduct on the part of Firm B that led to it being replaced as counsel by Firm A.
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Court
:
In re Deluxe Cleaners of Durham Inc.
May
01
2008
Ruling
Attorneys' fee application denied where firm rendered prepetition services not demonstrably for debtor's benefit and made firm an interested party ineligible for pospetition representation.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant ex-wife under 11 U.S.C.S. § 542(a) for turnover to the debtor's bankruptcy estate of the post-petition settlement of a personal injury claim that was transferred from a joint checking account to the ex-wife. The ex-wife filed a third-party complaint against third-party defendant debtor for the amount of the transferred funds.
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Court
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In re Bulen
Sep
19
2007
Ruling
Debtors'attorneys'fees ordered disgorged due to improper retainer agreements.
Procedural posture
The U.S. Trustee asserted that counsel for bankruptcy debtors in separate cases misrepresented fees collected from the debtors, and the trustee moved for disallowance and disgorgement of all compensation, and for sanctions. The bankruptcy court sua sponte considered the propriety of counsel's retainer agreements with the debtors.
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Court
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In re Perrine
Apr
13
2007
Ruling
Debtor's attorney ordered to disgorge undisclosed fees received within one year of petition date in contemplation or in connection with bankruptcy.
Procedural posture
The chapter 7 trustee sought an order compelling attorneys for debtor to disgorge undisclosed fees received by them within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case. Debtor's attorneys objected to the disgorgement of fees.
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Court
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In re Berg
Oct
23
2006
Ruling
Former bankruptcy judge ordered to disgorge fee collected without proper application and approval.
Procedural posture
The United States Trustee filed a motion for the disgorgement of fees by Chapter 7 debtor's counsel.
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Court
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