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The United States Trustee filed a motion to disgorge attorney’s fees paid to the former attorney for debtor in this chapter 13 case. The Bankruptcy Court, Duncan W. Keir, Judge, denied the motion for disgorgement and also the United States Trustee’s subsequent motion for reconsideration. The Bankruptcy Court found that a debtor’s attorney in a chapter 13 case is not required to file a proof of claim for the unpaid balance of the attorney’s fees, however, an application for allowance of fees is required pursuant to Federal Rule of Bankruptcy Procedure 2016(a) in a chapter 13 case for any post-petition fee sought, other than a flat fee fully disclosed in the Rule 2016(b) statement filed at the outset of the case.

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Duncan W. Keir