Paulette J. Adams

UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
PAULETTE J. ADAMS, 	: 	Bankruptcy No. 06-10107DWS
:
Debtor. 	:
ORDER
AND NOW, this 6th day of October 2006 this Court having held a continued hearing
in the above-captioned case on September 21, 2006 in connection with the Debtor’s Motion
to Reconsider Order Dismissing Case (the “Motion”);
And the Court noting that progress had been made by the Debtor and agreeing that
reinstatement of the case would be ordered if (1) the amount returned to her by the
Chapter 13 trustee (“Trustee”) ($3,288) after dismissal was returned; (2) the August and
September payments were made; and (3) a further amended plan was filed;
And a hearing being scheduled for October 5, 2006 to assess Debtor’s compliance
with these requirements;
And Debtor’s counsel Michael Kutzer, Esquire (“Kutzer”) appearing and stating
that all the conditions had been fulfilled;
And the Trustee stating that there was no evidence that the August payment
was made;
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In re Paulette J. Adams - Bankruptcy No. 06-10107DWS
1 As a back-up position, Kutzer argued that it should not matter what was ordered but rather
what he was now prepared to prove with some recently produced receipt of his client. This comment
was not only disrespectful of the Court but bordered on contempt. I will not tolerate this conduct
and Kutzer is on notice that I will not hesitate to impose appropriate sanctions if he persists in these
type of challenges to the authority and dignity of this Court.
-2-
And Kutzer repeatedly insisting that he had never been advised by the Court or
Trustee that the August payment was a condition of reinstatement and contending that it
had been paid according to the Debtor’s records and PACER;
And the Trustee stating that there was no record of an August payment as she had
made clear at the September 21 hearing;
And given Kutzer’s challenge to my recollection (supported by bench notes that
were read to him) that an August payment was ordered to be made, I agreed to have the notes
of the hearing transcribed;
And advising Kutzer that if he was incorrect, he would pay the costs of the transcript
and that he should be prepared to return to Court with the August payment on October 12,
2006;
And upon my review of the transcript Kutzer has been proven to be incorrect as it is
clear that the Trustee stated that the payment was missing and I ordered it be made;1
It is hereby ORDERED that:
1. Kutzer shall by October 16, 2006 reimburse the Court $66.00 for the costs of the
transcripts of the two hearings. Failure to make timely payment shall be a civil contempt of
this Court’s order and shall result in the suspension of his filing privileges until payment is
received.
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In re Paulette J. Adams - Bankruptcy No. 06-10107DWS
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2. The August trustee payment shall be made by October 12, 2006 or the pending
Motion shall be denied. If Debtor does not have the funds to make the payment because of
advice that 	Kutzer gave her concerning her need to do so, Kutzer shall advance the
payment to prevent the denial of the motion. 	If Debtor is unable to make the payment,
she shall appear on October 12, 2006 at 10:30 a.m. in Courtroom #3 so that the Court can
assess responsibility in this matter.
DIANE WEISS SIGMUND
Chief U.S. Bankruptcy Judge
cc: 	Judge Bruce Fox
Judge Stephen Raslavich
Judge Eric Frank
Judge Richard Fehling
Judge Jean FitzSimon
Timothy McGrath, Clerk
Copies to:
Michael Kutzer, Esquire
1528 Walnut Street, Suite 1401
Philadelphia, PA 19102-3604
Paulette J. Adams
6214 Carpenter Street
Philadelphia, PA 19143
Dave P. Adams, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
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