§ 504

Thach, In re

Ruling: 
Attorneys ordered to show cause why sanctions should not be imposed as it appeared thatthey may have engaged in an unlawful fee sharing arrangement. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 13,2020, LexisNexis #0520-028

Ferguson, In re

Ruling: 
Court concluded that of counsel agreement was a thinly veiled, albeit fully disclosed, attemptto bypass the prohibition against fee sharing. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on March 15,2019, LexisNexis #0519-031

Richard, In re

Ruling: 
Court ordered Illinois LLC to disgorge fees from consolidated cases as its fee-sharing agreement was in violation of section 504 since they did not form a single law firm with Missouri attorneys. (Bankr. E.D. Mo.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-068

Harris-Nutall, In re

Ruling: 
Co-counsel agreement cancelled as the special counsel and debtor's counsel did not fit within one of the statutory exceptions of § 504(b). (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on June 09,2017, LexisNexis #0717-042

In re Bay

The court issued an order to show cause directed to the debtor's counsel. It held an evidentiary hearing.
Ruling: 
Attorney's fee sharing agreement with firm of she was not a member was invalid.
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Consumer case opionion summary, case decided on June 18,2013, LexisNexis #0713-041

In re Ferguson

An attorney for chapter 13 trustee filed a final fee request, which sought a one-third contingency fee. The debtors objected.
Ruling: 
Attorney's one-third contingency fee for work on debtor's tort claim on behalf of trustee denied.
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Consumer case opionion summary, case decided on March 30,2011, LexisNexis #0711-009

Goldberg v. Clay (In re Smith)

Plaintiff chapter 7 trustee sought the disgorgement of a referral fee received in the post-petition period by defendant, chapter 7 debtor's bankruptcy attorney, on the grounds that the fee was received in violation of 11 U.S.C.S. § 504(a).
Ruling: 
Referral fee paid to debtor's attorney upon settlement of debtor's civil action ordered disgorged.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-067

In re Winstar Communs.

The law firm and its consulting firm, both retained to complete commercial litigation on behalf of the chapter 7 trustee, moved for the authority to enter into an agreement with a lender to "hedge" a portion of their anticipated contingency fees for the litigation, which was on appeal. The United States trustee filed an objection to the motion, claiming the agreement violated the prohibition of fee sharing of 11 U.S.C. § 504.
Ruling: 
Agreement between law firm, consulting firm and lender to "hedge" contingency fees in litigation for chapter 7 trustee denied as "fee sharing."
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Commercial case opionion summary, case decided on December 04,2007, LexisNexis #1207-131

In re Hepner

A trustee filed an amended application to employ special counsel in the debtors'chapter 7 bankruptcy cases.
Ruling: 
Application to employ special counsel denied where referral fee to debtor's original attorneys would be included in violation of fee sharing prohibition.
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