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Amended En Banc Order Re: Post-Petition Attorney's Fees Arrangements in Chapter 7 Cases

December 14, 2021

The Court has issued an amended en banc order to address post-petition attorney's fee arrangements in Chapter 7 cases. On November 8, 2021, the Court issued an en banc order imposing a process to have attorneys file a motion to review and approve any post-petition attorney’s fee arrangement. The Court now amends that order to require the debtor’s attorney to file an application, rather than a motion, to review any post-petition attorney’s fee arrangement. The order requires that an application to review the debtor's attorney's fee arrangement be filed when the Disclosure of Compensation of Attorney for Debtor, Local Form 1007-1, identifies in part 1 that not all attorney's fees were paid before the petition was filed. The application, with limited service requirements, must be filed within 14 days of filing the petition. The amended en banc order applies to all Chapter 7 cases filed on or after December 15, 2021. The Court's website provides procedures to help attorneys comply with the order, available here. Please review the en banc order for more information.

Publication Date: 
December 14, 2021