Attorney For Debtor Fees In Consumer Cases: How To Not Get Paid

Reprinted from Norton Bankruptcy Law Adviser, October 2014, with permission*
By Hon. Thomas F. Waldron, Bankr. S.D. Ohio (Retired)

This article reviews published decisions discussing attorney for debtor fees in consumer bankruptcy cases, in a variety of circumstances - all with negative results for the attorney—including fee denials, fee disgorgements, additional sanctions, limitations on practice in bankruptcy court and subsequent state court actions suspending attorney practice.

BACKGROUND: BY WAY OF EXPLANATION, NOT EXCUSE

The payment of fees to an attorney for a debtor was easier when funds were available from the . . .

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