Issue link: https://mbozikis.ufcontent.com/i/1422521
38 year before the petition date. Moreover, a court may cancel any agreement or order the return of any payment to the extent such compensation exceeds the "reasonable value" of any services the attorney has rendered. See 11 U.S.C. § 329(b). A court may order the return of any such payment to (i) the estate if the property transferred would have been property of the estate or was to be paid by or on behalf of the debtor under a plan under Chapter 11, 12 or 13 or to (ii) the entity that made the payment. Section 330 of the Bankruptcy Code also establishes limitations on the compensation allowable to trustees as well as officers of the estate and professionals employed under Section 327 or 1103 of the Bankruptcy Code. Sections 330(a)(1)(A) and (a)(1)(B) provide that after notice has been given to all parties in interest and to the U.S. Trustee, and after a hearing has been held, the court may award a trustee, examiner, ombudsman, or professional person (including an attorney, accountant or financial advisor) reasonable compensation for the actual and necessary services rendered by it and may reimburse such entity for its actual and necessary expenses. In determining the amount of reasonable compensation payable to such entity, the court may take into account all relevant factors, including the time spent on such services, the rates charged for such services, whether the services were necessary and beneficial to the administration of the estate, whether the services were performed within a reasonable amount of time, whether the person that performed the services is board certified or otherwise experienced in the bankruptcy field, and whether the compensation is reasonable, based on the customary compensation charged by comparably skilled practitioners in nonbankruptcy cases. 12 11 U.S.C. § 330(a)(3). 12 Courts have also adopted a set of factors first noted in Johnson v. Georgia Highway Exp., Inc., 488 F.2d 714, 717 (5th Cir. 1974) abrogated by Blanchard v. Bergeron, 489 U.S. 87 (1989), where the court considered twelve factors to be relevant to a determination of reasonableness of attorney's fees.