§ 707(b)(4)

Gistis, In re

Ruling: 
Debtor's attorney sanctioned for providing incorrect information on Schedule C pertaining todebtor's homestead exemption. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on March 24,2020, LexisNexis #0520-044

Tatro, In re

Ruling: 
Motion for disgorgement of fees granted where attorneys failed to investigate the informationprovided by debtor. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on January 31,2020, LexisNexis #0320-039

In re Hanson

Ruling: 
Trustee not entitled to fees and costs incurred prosecuting motion to dismiss debtor's case for abuse.
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Consumer case opionion summary, case decided on February 27,2015, LexisNexis #0315-127

Kelly v. Cuomo (In re Cuomo)

In connection with an adversary proceeding, the court issued an order to show cause why debtor's attorney should not be sanctioned for failing to list a known debt on the debtor's bankruptcy schedules and for failing to represent the debtor in the adversary proceeding. The attorney moved to withdraw from representing the debtor.
Ruling: 
Attorney ordered to disgorge portion of fee for not investigating information in debtor's prior petitions.
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Consumer case opionion summary, case decided on June 20,2013, LexisNexis #0713-124

Gargula v. Bisges (In re Clink)

United States Trustee ("UST") filed a motion seeking an order which required respondent attorney to disgorge fees he received from a Chapter 7 debtor, imposed sanctions on the attorney based on alleged violations of 11 U.S.C.S. § 707(b)(4), and referred the attorney to the U.S. District Court for the Western District of Missouri for disciplinary action. The court held a hearing on the UST's motion.
Ruling: 
Attorney sanctioned and ordered to disgorge fees due to failure to enter into written contract with debtor or conduct reasonable investigation.
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Consumer case opionion summary, case decided on April 23,2013, LexisNexis #0513-061

In re Moffett

A chapter 7 debtor's attorney appeared pursuant to an order to show cause issued by the court sua sponte because of the attorney's apparent violation of his duty to perform a reasonable investigation of the circumstances giving rise to the filing of the debtor's petition under 11 U.S.C.S. § 707(b)(4)(C) and (D).
Ruling: 
Attorney sanctioned for failure to investigate circumstances giving rise to filing case.
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Consumer case opionion summary, case decided on March 02,2012, LexisNexis #0412-027
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