Rose Marie Weaver

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
ROSE MARIE WEAVER, 	No. 09-12553
Debtor(s).
______________________________________/
Memorandum re Scope of § 329
_________________
From his response to the court’s order to show cause, it is apparent that attorney Elias is
interpreting the word “representing” in § 329(a) of the Bankruptcy Code narrowly, as meaning
“appearing for.” However, the purpose of the attorney disclosure requirement is twofold: to insure that
estate assets are not secreted with the help of an attorney in the guise of fees, and to make sure debtors
are not gouged. See In re Merriam, 250 B.R. 724, 731 (Bkrtcy.D. Colo.2000), and cases therein cited.
Allowing an attorney to remain anonymous in the wings would defeat the purpose of the statute, which
is to be broadly interpreted. Thus, fees paid to an attorney in relation to a bankruptcy are subject to the
provisions of § 329 even when the attorney is not the attorney of record. 	Hale v. U.S. Trustee, 509
F.3d 1139, 1147 (9th Cir. 2007).
Moreover, Rule 2016(b) of the Federal Rules of Bankruptcy Procedure, promulgated to give
effect to § 329, applies to “[e]very attorney for a debtor.” Under state bar rules of professional
conduct, an attorney-client relationship is created by any sort of consultation or advice, even if given
for no fee at all. 	Beery v. State Bar, 43 Cal.3d 802, 811(1987).
Entered on Docket
December 07, 2009
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-12553 Doc# 24 Filed: 12/07/09 Entered: 12/07/09 15:28:11 Page 1 of 3

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The court interprets “representing” in § 329(a) as meaning “providing any services, including
advice,” and is prepared to issue an order to that effect if Elias wishes to obtain appellate review.
However, Elias may obtain expungement of the order to show cause with no appearance necessary if
he consents to an order that he disclose any fees paid to him for any services, including advice, in
connection with a bankruptcy case which has been filed or is contemplated. If the case has already
been filed, Elias shall file the disclosure himself; if it has yet to be filed, he shall give the debtor the
disclosure with instructions to file it if a bankruptcy is filed. The form proposed by Elias is acceptable.
Dated: December 7, 2009
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 09-12553 Doc# 24 Filed: 12/07/09 Entered: 12/07/09 15:28:11 Page 2 of 3

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CERTIFICATE OF MAILING
The undersigned deputy clerk of the United States Bankruptcy Court for the Northern District of
California hereby certifies that a copy of the attached document was mailed to all parties listed
below
as required by the Bankruptcy Code and Rules of Bankruptcy Procedure.
Dated: Dec 7, 2009
Stephen Elias.
P.O. Box 1570,
Lakeport CA 95453]
Case: 09-12553 Doc# 24 Filed: 12/07/09 Entered: 12/07/09 15:28:11 Page 3 of 3