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

December 13, 2021

The Court has issued a second amended en banc order to address post-petition attorney's fee arrangements in chapter 7 cases. This order amends and supersedes the en banc orders entered on November 8, 2021, and December 13, 2021. The order states that an attorney must file an application for court review of the fee agreement if the debtor is the source of payment for any fees to be paid after the petition date. An application is not required if a third party is the source of payment. An application to review the fee agreement must be filed within 14 days after the petition is filed. The order also instructs that the applicant must contact the Court to schedule a hearing when any party in interest objects to the application. The second amended en banc order applies to all chapter 7 cases filed on or after September 12, 2022.

Publication Date: 
September 8, 2022