2:07-bk-11440•Ernest Driscoll
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1 The only time her calls went through is when she called from a phone that did not identify her home number. Then she could only reach “Dan” who was rude and dismissive. UNITED S TATES B ANKRUPTCY COURT FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA In re : Chapter 13 : ERNEST DRISCOLL, : Bankruptcy No. 07-11440DWS : Debtor. : ORDER AND NOW, this 8th day of May 2007, this Court having held a hearing on the Motion to Extend the Automatic Stay at which the Debtors were represented by Eric Sabo, Esquire of the law offices of John Croom, Esquire (“Croom”); And the Debtor’s wife writing to the Court that Croom had failed to file a joint petition and could not be reached to address that problem;1 And at the hearing Mrs. Driscoll testifying that she went to the Croom office and was told by a paralegal who identified himself as “Dan” that they would have to pay more money before this step was taken; And upon further examination it appears that other than the bankruptcy petition, Debtor had neither signed nor seen any of his bankruptcy documents, that the Schedule I income was grossly overstated notwithstanding the provision of pay stubs and other relevant documents and that a stipulation had been entered settling a relief from stay motion without consultation with, prior authorization by or explanation to Debtor; Case 07-11440-dws Doc 31 Filed 05/08/07 Entered 05/09/07 09:05:54 Desc Main Document Page 1 of 2
In re Ernest Driscoll - Bankruptcy No. 07-11440DWS 2 The Debtor paid $1,500 of which $274 went to the filing fee. 3 As a result of the testimony elicited at the hearing, the United States trustee advised that an emergency motion will be filed seeking further sanctions against Croom and his paralegal “Dan” who was identified as Thomas Turner. -2- And the Debtor wishing to discharge Croom from any further participation in his case; It is hereby ORDERED that based, inter alia, on the foregoing conduct, Croom is discharged from this case and will disgorge $1,226 2 to Ernest Driscoll in immediately available funds to be received by Mr. Driscoll by May 11, 2007 so he can retain new counsel;3 And it is further ORDERED that Croom will certify payment to the Court (with a copy of the certification and payment advice to Chambers), also by May 11, 2007. Failure to do so will be a civil contempt of this Order for which further sanctions will ensue. DIANE WEISS SIGMUND Chief U.S. Bankruptcy Judge cc: Judge Bruce Fox Judge Stephen Raslavich Judge Eric Frank Judge Richard Fehling Judge Jean FitzSimon Copies to: John H. Croom, Esquire 1616 Walnut Street, 18th Flr. Philadelphia, PA 19102 George M. Conway, Esquire Office of the U.S. Trustee 833 Chestnut Street, Suite 500 Philadelphia, PA 19107 Case 07-11440-dws Doc 31 Filed 05/08/07 Entered 05/09/07 09:05:54 Desc Main Document Page 2 of 2
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