General Order 11-02 Regarding Disclosure of Agreements Between Debtors and their Attorneys in All Cases and Compensation in Chapter 13 Cases

Thursday, March 17, 2011

The Bankruptcy Court has issued General Order 11-02 that contains important changes regarding attorneys' agreements with debtors in all cases and compensation of debtor's attorneys in Chapter 13 cases. The General Order provides, among other things, that:

1. Every agreement entered between a debtor and an attorney for the debtor in all bankruptcy cases must be in writing and must be filed with the Rule 2016(b) statement. This includes but is not limited to wage assignments and security agreements.

2. Flat Fees under Local Rule 5082-2 will be awarded only if the debtor and the attorney for the debtor have entered into the Court-Approved Retention Agreement without any modification and only if no other agreement has been entered between the debtor and the attorney.

3. This order is effective April 15, 2011.

View General Order 11-02