- 11 U.S.C.
In Lacourse
Feb
16
2012
Ruling
Attorney's failure to disclose additional fee warranted disgorgement.
Procedural posture
After the debtor's relationship with his attorney broke down, the attorney filed a motion to withdraw as counsel. The debtor filed a response, challenging the attorney's fee as excessive, thereby implicating the court's authority under 11 U.S.C.S. § 329 and Fed. R. Bankr. P. 2017. A hearing was conducted.
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Court
:
In re Burnett
Apr
15
2011
Ruling
Attorney who failed to file case in time to save clients' home from foreclosure ordered to disgorge fees and suspended from bankruptcy practice.
Procedural posture
U. S. Trustee filed a motion to disgorge fees paid to chapter 13 debtors' attorney pursuant to 11 U.S.C.S. § 329(b).
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Court
:
In re Dorn
Mar
09
2011
Ruling
Motion to examine, and for disgorgement of, bankruptcy attorney's hourly fees denied as rate was reasonable and clients were satisfied with personal service provided.
Procedural posture
The U. S. Trustee filed motions to examine fees paid to an attorney pursuant to 11 U.S.C.S. § 329(b) in two chapter 7 cases, arguing that she charged an unreasonable fee and should disgorge the monies she received in excess of the reasonable value of services provided to the debtors. The debtors did not object to the fees.
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Court
:
In re Chez
Dec
09
2010
Ruling
Attorneys' fees ordered disgorged as not properly disclosed.
Procedural posture
Following the debtor's complaints about the services provided her by her attorney of record, the court issued an order to show cause why attorney's fees should not be disgorged and requiring attendance of the debtor and her chapter 7 counsel at a hearing.
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Court
:
In re OhPark
May
12
2010
Ruling
Attorney ordered to disgorge excessive fees for services in two dismissed cases handled for debtor.
Procedural posture
A United States Trustee (UST) filed a motion to examine the reasonableness of the fees paid by a chapter 7 debtor to her attorney.
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Court
:
In re Nirvain Trust
Mar
24
2010
Ruling
Debtor trust's attorney ordered to disclose any and all fees received due to deficiencies in representation.
Procedural posture
On February 26, 2010, the court, pursuant to 11 U.S.C.S. § 329(b) or dered an attorney to show cause why the court should not review any fees paid to him by debtor trust and enter appropriate orders, including an order requiring him to disgorge all fees paid to him for his failure to properly represent debtor.
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Court
:
In re Capos-Luna
Dec
17
2009
Ruling
Counsel ordered to return fee in case filed on behalf of debtor who had not received required credit counseling.
Procedural posture
Before the court was the motion of the U.S. Trustee to examine the reasonableness of $ 2,000 in fees paid by debtor to his attorney.
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Court
:
In re De Molina
Dec
15
2009
Ruling
Debtor's attorney ordered to repay all fees due to errors and omissions in schedules and debtor's failure to obtain required credit counseling.
Procedural posture
A United States Trustee filed a motion pursuant to 11 U.S.C.S. § 329(b) to examine a Chapter 7 debtor's transactions with her attorney and to require the attorney to disgorge fees paid to him by the debtor.
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Court
:
In re Clark
Aug
21
2009
Ruling
Attorney's suspension extended and recent fees ordered disgorged due to failure to inform new clients of the suspension.
Procedural posture
The Office of the U.S. Trustee, Eugene, Oregon, filed a motion seeking an order requiring an attorney to show cause why he should not be required to disgorge fees he charged chapter 7 and chapter 13 debtors in 35 cases, and why a prior order the court issued which suspended the attorney from practicing law in the court should not be extended for an additional 90 days.
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Court
:
- 11 U.S.C.
In re Jackson
Feb
27
2009
Ruling
Attorneys' fees ordered disgorged due to filing of false disclosure statements in two chapter 13 cases.
Procedural posture
Following an evidentiary hearing under 11 U.S.C.S. § 329(b) for the purpose of examining the attorney's fees paid to debtor's counsel in two separate chapter 13 proceedings.
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Court
: