11 U.S.C. § 329 — Debtor’s transactions with attorneys
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 170 words · no verdicts yet
A debtor's attorney must report fees paid or promised within the past year. This applies whether or not the attorney seeks court-approved pay. If the fee is too high, the court can cancel it or order the excess returned.
(a) Any attorney* representing a debtor* in a bankruptcy case — or in connection with one — must file a statement with the court. This applies whether or not the attorney is asking the court to approve their pay. The statement must show any compensation paid, or agreed to be paid, for the attorney's work on or connected to the case, as long as the payment or agreement happened within the year before the bankruptcy petition was filed. It must also say where that money came from.
(b) If that compensation is more than the services were reasonably worth, the court can cancel the fee agreement, or order the excessive part of any payment returned. The money goes back to:
(1) the bankruptcy estate — if the property that was transferred either would have belonged to the estate, or was supposed to be paid under a chapter 11, 12, or 13 repayment plan; or
(2) whoever actually made the payment, in any other case.
Any attorney* representing a debtor* in a case under this title, or in connection with such a case, whether or not such attorney applies for compensation under this title, shall file with the court a statement of the compensation paid or agreed to be paid, if such payment or agreement was made after one year before the date of the filing of the petition, for services rendered or to be rendered in contemplation of or in connection with the case by such attorney, and the source of such compensation.
If such compensation exceeds the reasonable value of any such services, the court may cancel any such agreement, or order the return of any such payment, to the extent excessive, to—
the estate, if the property transferred—
would have been property of the estate; or
was to be paid by or on behalf of the debtor under a plan under chapter 11, 12, or 13 of this title; or
the entity* that made such payment.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2564; Pub. L. 98–353, title III, § 432, July 10, 1984, 98 Stat. 370; Pub. L. 99–554, title II, § 257(c), Oct. 27, 1986, 100 Stat. 3114.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2564
- 1984Amended · Pub. L. 98-353 · 98 Stat. 370
- 1986Amended · Pub. L. 99-554 · 100 Stat. 3114
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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