Rachel J. Kaplan

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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 06-41771 Doc 106

UNITE]
DIS
In re
RACHEL J. KAPLAN
DEBTORS

Filed 08/16/07 Entered 08/16/07 12:23:53
Document Page 1of4

Desc Main

D STATES BANKRUPTCY COURT
TRICT OF MASSACHUSETTS

Chapter 13
CASE NO. 06-41771-JBR

ORDE

Whereas, on January 3, 2

filed his First Interim Application

R ON ORDER TO SHOW CAUSE
07 Attorney Francis Lafayette, former attorney for the Debtor,

for Compensation [#47] to which the Chapter 13 Trustee and

the Debtor, through successor counsel, objected [#50 and #55];

Whereas, on February 26,
Application for Compensation [#
motion to withdraw was denied [/

Whereas, on February 27,
for Compensation which Attorney

given permission to supplement t

2007 Attorney Lafayette moved to withdraw the First Interim
56] on the grounds that the Application was incomplete; the
#57];

2007 the Court held a hearing on the First Interim Application
y Lafayette attended by telephone and Attorney Lafayette was

he First Interim Application for compensation to include

additional fees and expenses not included in the First Interim Application for Compensation

[#59] but a supplement was not ti
Whereas, on April 3, 2007

Application for Compensation, st

THIS COURT AL
BUT RETAINED
LAFAYETTE'S C
FINDS THAT TH
OF NO BENEFIT
RESPECTS WER!
THEREFORE, BA

mely filed;
the Court entered an order [#66] denying the First Interim

ating as follows:

ILLOWED DEBTOR'S MOTION TO DISMISS
JURISDICTION OVER ATTORNEY
OMPENSATION. THE COURT HEREBY

E SERVICES OF MR. LAFAYETTE WERE
TO THE DEBTOR, AND IN FACT IN SOME
E ACTUALLY HARMFUL TO HER.

\SED ON THE ENTIRE RECORD BEFORE

Case 06-41771 Doc 106

THE COURT IN 7
EXPENSE REIME
IS HEREBY ORD)
RECEIVED FRO}
AND/OR RETATI

Whereas, Attorney Lafaya

Whereas, on May 16, 2001
informing the Court that Attorney!
the Debtor and seeking attorney’s

Compliance;

Compliance and on June 6, 2007 ¢

MR LAFAYETTE
FORMER CLIE}
OF THE ENTRY
LAFAYETTE IS ¢
EHRHARD, PC T
FOR BRING [sic]
FINALLY MR. LA
FAILURE TO CO
4/3/07. SECOND |
MADE WITHIN 7

Whereas, Attorney Lafaye

sought a stay of the June 6, 2007 ¢

Whereas, the Court grante

order that required the disgorgem

Whereas, on July 16, 2007

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Document Page 2 of 4

THIS CASE ALL COMPENSATION AND
BURSEMENT IS DENIED. MR. LAFAYETTE
ERED TO DISGORGE ALL SUMS

Mi THE DEBTOR FOR FEES, EXPENSES
NER. (Emphasis added).

tte did not appeal the April 3, 2007 order;

’ the Debtor filed a Certificate of Non-Compliance [#70]
Lafayette had not turned over any sums he had received from

fees incurred in connection with the certificate of Non-

the Court conducted a hearing on the Certificate of Non-

entered an order [#78] stating

IS ORDERED TO DISGORGE TO HIS
NT THE SUM OF $400.00 WITHIN 3 DAYS
OF THIS ORDER. ALSO, MR.
DRDERED TO PAY KRESSLER &
HE SUM OF $427.50 AS FEES AND COSTS
THE CERTIFICATE OF NON COMPLIANCE.
\YFAYETTE IS SANCTIONED $500.00 FOR
MPLY WITH THIS COURT'S ORDER OF
AND THIRD PAYMENTS ABOVE MUST BE
DAYS OF THIS ORDER. (Emphasis added).

tte file a Notice of Appeal of the June 6, 2007 order [#84] and

prder from this Court [#91];

dd the stay EXCEPT with respect to that part of the June 6, 2007

ent of $400 [#92]; and

the Debtor filed a second Certificate of Non-Compliance

Case 06-41771 Doci06 Filed 08/16/07 Entered 08/16/07 12:23:53 Desc Main
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[#98] informing the Court that Attorney Lafayette had not returned the $400 to the Debtor and

seeking attorney’s fees incurred in connection with the second Certificate of Non-Compliance;

Whereas, on August 9, 2007 the Court issued an Order to Show Cause [#100] as to why
Attorney Lafayette should not be sanctioned for failure to comply with the unstayed portion of

the June 6, 2007 order;

Whereas, on August 14, 2007 the Court conducted a hearing on its Order to Show Cause

and the second Certificate of Non-Compliance; and

Whereas, at the August 14, 2007 hearing Attorney Lafayette stated that he believed he

uired to only turn over $400 MINUS expenses and had offered to return the balance (less

than $100).
Now therefore, it is hereby FOUND:

1. That Attorney Lafayette’s statement that he believed he did not have to turn over the
entire sum of $400 to the Debtor is not credible in light of the express language of the June 6,

2007 order and the fact that he failed to obtain a stay of that portion of the June 6, 2007 order,

2. That Attorney Lafayette was in contempt of the June 6, 2007 order which contempt

attorney Lafayette purged by tendering $400 in cash to the debtor’s attorney at the August 14,

3. That the Court’s previous sanction of $500, the payment of which has been stayed, is
insufficient to deter future conduct of this type, specifically including Attorney Lafayette’s

attempts to avoid returning the full sums ordered to disgorge,

it is hereby ORDERED:

Case 06-41771 Doc106 {Filed 08/16/07 Entered 08/16/07 12:23:53 Desc Main
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1. That Attorney Lafayette|shall pay Debtor’s attorney the sum of $585.00 for attorney’s
fees incurred in connection with the second Certificate of Non-Compliance as set forth in the

Affidavit of Attorney James P. Ehthard [#104] within 7 days of the date of this order;

2. That Attorney Lafayette is sanctioned $1,000 for his failure to abide by the June 6,
2007 order and shall pay the mongy to the Clerk’s Office of the United states Bankruptcy Court

for the District of Massachusetts within 7 days of the date of this order.

Dated: August 16, 2007 Spel G, Loutthal

United States Bankruptcy Judge