Patricia A. Dailey

2:04-bk-35786PaebApr 22, 2005

Full text

UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
PATRICIA A. DAILEY, 	: 	Bankruptcy No. 04-35786DWS
:
Debtor. 	:
ORDER
AND NOW, this 22nd day of April 2005, this court having held a hearing in
connection with the Motion for Relief from Stay filed by Wachovia Bank, N.A. as trustee;
And the debtor appearing and advising the Court that (1) she responded to a yellow
page ad of “Bankruptcy Services” and engaged the services of Myra Williams (“Williams”)
to assist her in filing a bankruptcy case, paying her $853, inclusive of the filing fee;
(2) Williams advised her that she did not have to pay her mortgage currently until “the case
was settled” and accordingly she made no current payments to movant resulting in the filing
of the Motion for Relief from Stay; (3) efforts to reach Williams were unsuccessful as her
phone is disconnected;
And the Court noting the pending adversary complaint against Williams and
Bankruptcy Services seeking injunctive relief and disgorgement of compensation in
connection with similar conduct as to three other debtors in this court;
And Williams signing the petition as a petition preparer but not preparing for Debtor
the Statement of Pro Se Debtor to disclose her role and the fee she charged;
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And Bankruptcy Judge Stephen Raslavich having entered an order permanently
enjoining Williams from acting as petition preparer in this Court without written express
permission, an order that appears to have been flagrantly ignored in this case;
It is hereby ORDERED that:
1. 	In the absence of a written request for a hearing made by May 2, 2005,
Williams shall disgorge all funds that she received from Debtor, i.e., $863, by May 5, 2005.
If a written request is made, a hearing shall be held on May 5, 2005 in the Robert N.C. Nix,
Sr. Federal Courthouse, 2nd floor, 900 Market Street, Courtroom #3, Philadelphia, PA and
Williams shall appear. A copy of the request shall be sent to Debtor and George Conway,
Esq. of the U.S. Trustee’s Office so they may appear. 	Failure to appear shall result in a
disgorgement order.
2. As the conduct at issue replicates that alleged in Misc. No. 05-3003, the Court will
transcribe the record of the April 19, 2005 hearing and refer the matter to the U.S. trustee for
further action as she may view is appropriate.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
cc: Hon. Stephen Raslavich
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In re Patricia A. Dailey - Bankruptcy No. 04-35786DWS
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Copies to:
Myra Williams
7102 Frankford Avenue
Philadelphia, PA 19135
George Conway, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
Patricia A. Dailey
3180 Belgrade Street
Philadelphia, PA 19134
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
Case 04-35786-dws Doc 18 Filed 04/22/05 Entered 04/25/05 13:25:21 Desc Main
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