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Rule 2016(b)

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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Consumer opinion summary, case decided on July 28, 2009 , LexisNexis #0909-070
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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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Consumer opinion summary, case decided on March 24, 2009 , LexisNexis #0509-096
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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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Consumer opinion summary, case decided on March 17, 2009 , LexisNexis #0509-135
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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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Consumer opinion summary, case decided on January 15, 2009 , LexisNexis #0309-093
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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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opinion summary, case decided on March 23, 2007 , LexisNexis #0507-034
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