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(a) Application for Compensation or Reimbursement.
An
entity seeking interim or final compensation for services, or reimbursement
of necessary expenses, from the estate shall file an application setting
forth a detailed statement of (1) the services rendered, time
expended and expenses incurred, and (2) the amounts requested.
An application for compensation shall include a statement as to what
payments have theretofore been made or promised to the applicant for
services rendered or to be rendered in any capacity whatsoever in connection
with the case, the source of the compensation so paid or promised, whether
any compensation previously received has been shared and whether an
agreement or understanding exists between the applicant and any other
entity for the sharing of compensation received or to be received
for services rendered in or in connection with the case, and the particulars
of any sharing of compensation or agreement or under-standing therefor,
except that details of any agreement by the applicant for the sharing
of compensation as a member or
regular associate
of a
firm of lawyers
or
accountants
shall not be required. The requirements of this subdivision shall apply
to an application for compensation for services rendered by an
attorney
or
accountants
even though the application is filed by a
creditor or other
entity. Unless the case is a chapter 9
municipality case, the applicant shall transmit to the
United States trustee
a copy of the application.
(b) Disclosure of Compensation Paid or Promised
to Attorney for Debtor. 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, or at another time as the
court may direct,
the statement required by § 329
of the
Code including
whether the
attorney
has shared or agreed to share the compensation with any other
entity. The statement shall include the particulars of any such
sharing or agreement to share by the
attorney,
but the details of any agreement for the sharing of the compensation
with a member or
regular
associate of the
attorney
law
firm shall
not be required. A supplemental statement shall be filed and transmitted
to the
United States
trustee within 15 days after any payment or agreement not previously
disclosed.
(c) Disclosure of Compensation Paid or Promised
to Bankruptcy Petition Preparer. Before a petition is filed, every
bankruptcy
petition preparer for a
debtor shall deliver to the debtor, the declaration under penalty of perjury required by § 110(h)(2). The declaration shall disclose any fee, and
the source of any fee, received from or on behalf of the
debtor within 12 months of the filing of the case and all unpaid
fees charged to the
debtor. The declaration shall also describe the services performed and
documents prepared or caused to be prepared by the
bankruptcy
petition preparer. The declaration shall be filed with the petition. The petition preparer shall file a supplemental statement within 14 days after any payment or agreement not previously disclosed.
(Amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff.
Aug. 1, 1991; Mar. 27, 2003, eff. Dec. 1, 2003; March 26, 2009, eff. Dec. 1, 2009.)
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