Rule 2016(b) - Statutory Text
Federal Rule of Bankruptcy Procedure 2016(b) requires every attorney representing a debtor to file a statement of compensation disclosing all payments received and agreements to receive payment. The rule has two critical components.
Rule 2016(b) (summarized): "Every attorney for a debtor, whether or not the attorney applies for compensation, shall file and transmit to the United States trustee within 14 days after the order for relief... the statement required by Section 329 of the Code... A supplemental statement shall be filed and transmitted to the United States trustee within 14 days after any payment or agreement not previously disclosed."
The two components: (1) an initial statement within 14 days after the order for relief, and (2) a continuing obligation to file supplemental statements within 14 days of any change.
What the Initial Statement Must Disclose
- All compensation paid to the attorney within one year before filing
- All compensation agreed to be paid
- The source of the compensation (debtor, non-debtor third party, affiliate)
- Any fee-sharing arrangements with other parties
- The terms of the fee agreement (flat fee, hourly, contingent)
- Whether the compensation has been approved by any prior court
The statement must be signed by the attorney under penalty of perjury on Official Form 2030 or a substantively equivalent document filed through the court's ECF system.
The Continuing Obligation - 14-Day Supplemental Rule
Rule 2016(b) is not a one-time requirement. The continuing obligation requires supplemental statements within 14 days of any "payment or agreement not previously disclosed." This includes:
- Additional payments from the debtor after the initial disclosure
- Payments from non-debtor third parties (spouse, parent, business partner)
- Changes to the hourly rate charged
- Expansion of the scope of representation (e.g., adding adversary proceedings)
- Post-petition fee arrangements
- Settlement of fee disputes
A rate increase from, for example, $300/hour to $350/hour without a supplemental 2016(b) statement is an independent disclosure violation regardless of whether the higher rate is otherwise reasonable. See In re Kisseberth, 273 F.3d 714 (6th Cir. 2001).
What Counts as Deficient Disclosure
Case law and U.S. Trustee enforcement practice identify these categories of deficient disclosure:
- Missing initial 2016(b) statement. No disclosure was ever filed.
- Late initial statement. Filed more than 14 days after the order for relief.
- Incomplete disclosure. Omits fee-sharing arrangements, third-party payments, or source of funds.
- Inaccurate disclosure. States an hourly rate that differs from what was actually billed.
- Missing supplemental statement. Rate changed or additional fees received without update.
- Mischaracterization of payment timing. Post-petition payments labeled as pre-petition.
- Undisclosed retainer replenishment. Additional deposits beyond the initial retainer not disclosed.
Consequences of Non-Compliance
The presumptive remedy for disclosure violations is full disgorgement. The attorney bears the burden of showing compelling mitigating circumstances to justify a lesser sanction.
- In re Stewart, 970 F.3d 1255 (10th Cir. 2020): full disgorgement is the "default position" for Rule 2016(b) non-compliance; Rule 11 proportionality is inapt.
- In re Park-Helena Corp., 63 F.3d 877 (9th Cir. 1995): disclosure failures are sanctionable independent of whether fees are otherwise reasonable.
- In re Downs, 103 F.3d 472 (6th Cir. 1996): debtor acquiescence is not a defense to disclosure violations because Section 329's purpose protects the court and creditors, not only the debtor.
- In re Futuronics Corp., 655 F.2d 463 (2d Cir. 1981): denial of all compensation is an appropriate sanction for nondisclosure.
See our Section 329(b) caselaw map for full holdings and CourtListener deep links.
How to Check a Rule 2016(b) Statement in a Pending Case
- Locate the 2016(b) statement on the docket (usually filed within 14 days of the petition; sometimes bundled with Schedules or the Statement of Financial Affairs)
- Compare disclosed compensation to invoices, retainer agreements, and actual payments
- Check for supplemental statements whenever a material change occurred
- Verify that the rate disclosed matches the rate billed
- Confirm fee-sharing disclosures if lead generators, marketing companies, or referring attorneys are involved
- Review source-of-funds: who actually paid the attorney?
For detailed methodology on comparing disclosed vs. charged compensation line by line, see billing review methodology.