24 BK 03393
In this chapter 7 case, the U.S. Trustee filed a Motion to Examine fees of the Debtor’s attorney, Xiaoming Wu, who executed bifurcated fee agreements with the Debtor. After a trial on the matter was held, the court found material, misleading inconsistencies between the prepetition and postpetition agreements and disclosures. The prepetition fee agreement stated the attorney would handle all aspects of the case for $0, while the postpetition service contract and Supplemental Disclosure indicated the same services required a $3,200 fee. The court found that the attorney violated sections 526 and 528 of the Bankruptcy Code. The court voided the fee agreements under section 526(c) and ordered the attorney to refund any payments made toward the $3,200 fee.