4:06-bk-41771•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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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
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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:
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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 JudgeContinue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.