Philip Jay Berg

UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 7
:
PHILIP JAY BERG, 	: 	Bankruptcy No. 05-39380DWS
:
Debtor. 	:
ORDER
AND NOW, this 6th day of November 2006, upon consideration of the
Objection (the “Objection”) of the United States trustee (“UST”) to the Application for
Compensation by Debtor’s counsel David A. Scholl, Esquire (“Scholl”);
And this Court in an Order and Opinion dated October 23, 2006 (“October Ruling”)
compelling Scholl to disgorge $5,000 to the Chapter 7 trustee (the “Case Trustee”) for the
reasons set forth in the October Ruling;
And Scholl having filed a notice of appeal of the October Ruling (the “Appeal”)
which he agrees to withdraw if payment to him will be made as set forth herein;
And Scholl, the UST and the Case Trustee having agreed that it is in the best interests
of all parties to resolve the pending Objection and Appeal on the following terms;
It is hereby ORDERED that subject to Scholl’s withdrawal of the Appeal:
1. Compensation in the amount of $2,000, of which $500 has been paid, is allowed
for Scholl’s services in the Chapter 13 case.
2. Reimbursement to Scholl of expenses in the amount of $756 is also allowed.
Case 05-39380-bif Doc 177 Filed 11/06/06 Entered 11/07/06 10:05:34 Desc Main
Document Page 1 of 2

In re Philip Jay Berg - Bankruptcy No. 05-39380DWS
-2-
3. 	The Case Trustee shall remit payment of the foregoing amounts to Scholl and
retain the balance of the disgorged funds for the benefit of creditors of the estate.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
Copies to:
David A. Scholl, Esquire
Law Office of David A. Scholl
#6 St. Albans Avenue
Newtown, PA 19073
Edward J. DiDonato, Esquire
1818 Market Street
Suite 3520
Philadelphia, PA 19103
Terry P. Dershaw, Esquire
P.O. Box 556
Bryn Athyn, PA 19009
George Conway, Esquire
Office of the U.S. Trustee
833 Chestnut Street
Suite 500
Philadelphia, PA 19107
Case 05-39380-bif Doc 177 Filed 11/06/06 Entered 11/07/06 10:05:34 Desc Main
Document Page 2 of 2