- 11 U.S.C.
Hearn v. Persels & Assocs. PLLC (In re Hearn)
Nov
04
2011
Ruling
Abandonment of claim against debtor's former lawyer and subsequent discharge did not prevent proceeding for disgorgement of fees.
Procedural posture
Debtor's former lawyer moved to dismiss an adversary complaint filed by debtor under 11 U.S.C.S. § 329 and Fed. R. Bankr. P. 2017 for rulings that amounts paid to defendant to enroll in a debt resolution plan (DRP) exceeded the reasonable value thereof; that the DRP enrollment was properly cancelled; and that debtor was entitled to recover all the payments. Defendant claimed that the court lacked subject matter jurisdiction.
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Court
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