- FRBP
In re Said Domi Amra
Nov
09
2010
Ruling
Debtor's attorney sanctioned for violation of fee disclosure agreement.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code, and the bankruptcy administrator filed a motion for an order requiring the debtor's attorney to show cause why he should not be sanctioned for failure to comply with the disclosure requirements of Fed. R. Bankr. P. 2016 and a motion for an order under Fed. R. Bankr. P. 2017 allowing the administrator to examine the debtor's transactions with his attorney.
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Court
:
- FRBP
In re Emmanuel
Dec
23
2009
Ruling
Fee application of debtor's disbarred former attorney for work on wrongful death action denied.
Procedural posture
Debtor's former counsel represented the debtor and the estate in a wrongful death action until he was disbarred. Substitute special personal injury counsel settled the litigation, and the former counsel sought fees and expenses under a theory of quantum meruit. The substitute counsel, the chapter 7 Trustee, and the United States Trustee opposed the fee application.
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Court
:
- FRBP
In re Johnson
Jul
28
2009
Ruling
Debtor's failure to pay additional attorneys' fees not previously disclosed was not grounds for attorney to ignore court order to file wage attachments.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and converted her case to one under chapter 13 of the Bankruptcy Code approximately two months later. A chapter 13 trustee was appointed to administer the debtor's bankruptcy case, and he filed a motion to compel the debtor's attorney to appear and explain why he not complied with the court's order requiring him to file an amended wage attachment order.
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Court
:
- FRBP
In re Hines
Jun
18
2009
Ruling
Insurance company not entitled to reimbursement of necessary expenses due to failure to file required application with the court.
Procedural posture
A creditor filed motions for reconsideration of an opinion and order entered by the court in two chapter 13 bankruptcy cases that essentially disallowed the creditor's claims in both of the cases for force placed insurance premiums that had been assessed during the administration of the cases because the creditor had not complied with Fed. R. Bankr. P. 2016(a).
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Court
:
- FRBP
In re Rangel
May
29
2009
Ruling
Attorneys' fees for lenders and servicing company allowed to the extent reasonable.
Procedural posture
Two home lenders and one servicing company filed fee applications in four chapter 13 cases in order to recover attorneys' fees that these entities paid or promised to pay a law firm for its legal services in those cases.
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Court
:
- FRBP
In re Kowalski
Mar
24
2009
Ruling
Debtor's attorney sanctioned and ordered to disgorge excessive fees.
Procedural posture
Debtor's attorney filed a petition for supplemental attorney's fees and costs in the additional amount of about $7,500. The debtor and the chapter 13 trustee both filed objections, contending that the debtor had already paid the attorney $3,500 in fees and that the additional fees and costs were egregious and outside the standards in the industry and the attorney's Fed. R. Bankr. P. 2016(b) statement filed in the case.
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Court
:
- FRBP
In re Cowan
Mar
17
2009
Ruling
Attorney suspended for six months due to failure to correct misstatements in disclosures and delays in filing debtors' petitions.
Procedural posture
Attorney challenged a determination by the bankruptcy court that determined that the attorney should be suspended from the practice of law in the Eastern District of Tennessee for six months based on his violation of Fed. R. Bankr. P. 2016(b) and his delay in filing bankruptcy petitions for his clients in a timely manner.
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Court
:
- FRBP
In re Kasperek
Jan
15
2009
Ruling
Attorney ordered to disgorge portion of fee due to delay caused by refusal to represent debtor in turnover proceeding.
Procedural posture
In two chapter 7 cases, a chapter 7 trustee sought an order that would compel the debtors' counsel to disgorge all of the legal fees that the clients had paid to a law firm.
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Court
:
- FRBP
Simone v. No Respondent (In re All Cases in Which Robin L. Musher is Counsel of Record)
Aug
04
2008
Ruling
Reconsideration of denial of attorneys' fees over and above amount declared in 2016 statements denied.
Procedural posture
Movant prior counsel filed a Fed. R. Civ. P. 59(e) motion for reconsideration of an order, which granted respondent substitute counsel's motion for the approval and payment of professional fees and expenses in the chapter 13 cases and denied prior counsel's objections to the fee applications.
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Court
:
- FRBP
In re Perrine
Mar
23
2007
Ruling
Debtor's attorneys ordered to turn over property transferred by debtor in contemplation of bankruptcy.
Procedural posture
The chapter 7 trustee sought an order compelling debtor's two attorneys and their law firm to disgorge undisclosed fees received within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case.
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Court
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