- Instructor: Attorney Bob Schaller
- Lectures: 7
Statement of Compensation.
Chapter 7 attorney must file a disclosure of compensation for services rendered and reimbursement of expenses. 11 U.S.C. § 329(a); Bankruptcy Rule 2016(b). Like the schedules, Bankruptcy Rule 9009 requires a debtor to use a specific national form prescribed by the Judicial Conference of the United States when indicating the compensation received by the debtor’s attorney. Bankruptcy Rule 9009(a). This rule is strictly enforced. The statement’s form may not be changed as to affect wording or the order of presenting information. Id.
Note that the debtor does not file a separate statement of compensation paid to the debtor’s attorney. Instead, the debtor merely has to disclose the compensation paid within one-year prepetition to the attorney in the Statement of Financial Affairs, Line 16. The debtor must also disclose compensation paid within one-year prepetition to anyone else acting on the debtor’s behalf who promised to help the debtor deal with creditors or to make payments to creditors. Statement of Financial Affairs, Line 17.
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Instructional Video - George Washington
Intro and Official Form and Instruction Booklet
Lines 1 thru 7
Video of John Kennedy's Attorney's Statement of Compensation
Video of John Adams' Attorney's Statement of Compensation
Video of Harry Truman's Attorney's Statement of Compensation
Video of Abraham Lincoln's Attorney's Statement of Compensation
Tax LawThe bankruptcy attorney has a duty to report the total fees to be earned and the amount of fees received prior to the case being filed. This course helps attorneys new to bankruptcy to understand their duties and responsibilities.