On March 29, 2019, the United States Bankruptcy Court for the Eastern District of New York explained in detail the disclosure requirements under 11 U.S.C. § 329(a) and Fed. R. Bankr. P. 2016(b). It answered the following questions:
- Can an attorney be sanctioned for failure to disclose payments if he is initially unaware of the existence of a bankruptcy?
- Does an attorney have to disclose payments if made by a third party, not the debtor?
- Does an attorney have to disclose payments if another attorney is counsel of record in the case?
- If the services provided are not directly related to bankruptcy proceedings and are in state court, do they have to be disclosed?
- Does the reasonableness of the fees excuse the nondisclosure of the fees?
- Does an attorney have to disclose payments and retainers with non-debtors?
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