Disclosure of Attorneys Fees Is Required if Services Have Any Impact on a Bankruptcy Case

Disclosure of Attorneys Fees Is Required if Services Have Any Impact on a Bankruptcy Case

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?

Log In to READ MORE

Please note, in order to view NACBA Member Content, you must sign in and then visit NEWS. If you are not a NACBA member, you may Become a NACBA Member 

No Comments

Post a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.