Preparing the Motion
Draft a motion under Section 329(b) requesting the court to review and order disgorgement of attorney fees. Include: the fee agreement, total fees paid, total fees approved by the court (if different), a description of services that were and were not performed, and the relief requested (full or partial disgorgement).
Supporting Evidence
Attach the retainer agreement. Attach any billing records or invoices. Include a timeline showing key case events and attorney actions (or inaction). If the case was dismissed, explain how attorney negligence contributed. Compare fees charged to the district average for similar cases.
Filing and Service
File the motion with the bankruptcy court. Serve the attorney, the trustee, and the United States Trustee. The court will set a hearing. The attorney has the opportunity to respond and justify the fees.
What the Court Can Do
Cancel the fee agreement entirely and order full refund. Reduce fees to a reasonable amount based on services actually rendered. Order the attorney to disgorge the difference between what was paid and what was reasonable. Refer the matter to the state bar for disciplinary review.
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