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Does Section 329 Grant Exclusive Jurisdiction To Bankruptcy Courts?, Samantha M. Tusa

Bankruptcy Research Library

(Excerpt)

Fee agreements between bankruptcy debtors and their counsel must often be settled in court. In which court those fee disputes can be heard is a question that is not yet settled. One court has looked to section 329 of the Bankruptcy Code for the answer. Section 329 states that if the compensation agreed upon by the debtor and attorney exceeds a reasonable value for the services rendered, “the court” may cancel the agreement or return some of the payment. In re Piccinini is the first case to hold that the phrase “the court” in section 329 confers exclusive jurisdiction …