WOLKOFF

1 His client was a five time filer whose case was going to be dismissed without regard to
the non-disclosure.
UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	:
:
MARK G. WOLKOFF, 	: 	Misc. No. 07-3003DWS
:
Debtor. 	:
ORDER
AND NOW, this 23rd day of April 2007, this Court having entered an Order on
March 5, 2007, which is incorporated herein, for Mark G. Wolkoff, Esquire (“Wolkoff”)
to appear and show cause why sanctions should not issue for his direction to his client
Tracey Crawford-Mathis not to disclose material financial information to the Court;
And after a hearing at which Wolkoff; Fred Baker, Assistant U.S. Trustee; Jackie
Chandler, staff attorney to Chapter 13 Standing Trustee and Peter Mulcahy, attorney to the
mortgage company in the matter in which the disclosure breach was committed, appeared
and were heard;
And the Court finding that Wolkoff’s conduct was inexcusable but that he has taken
complete responsibility for his actions which were in large part a result of his being under
the extraordinary stress of a serious medical condition and that neither his client nor any
party to the proceedings was prejudiced as a result; 1
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2 Mr. Baker advised the Court that the United States Trustee did not intend to make a referral
based on this incident, recognizing that it was an isolated incident and that there were mitigating
circumstances arising from Wolkoff’s medical condition. 	He urged the Court to fashion an
appropriate response but did not suggest what that would be. He did believe that the sanction should
send a message to other lawyers that the conduct was unacceptable and would be dealt with harshly.
Because I conclude, as did Baker, Chandler and Mulcahy, that Wolkoff’s conduct was isolated and
driven by unusual stress, I believe it would be inappropriate to make an example of him. It should
be clear to anyone that is aware of this Order that my decision is based on the unique facts of
this case and that the conduct at issue could, under other circumstances, be cause for a referral to
the U.S. Attorney.
3 Wolkoff represented Crawford-Mathis in four of her five bankruptcy cases. If there is a
flaw in Wolkoff’s approach to his practice, it is his willingness to represent serial filers who
evidence no change in circumstances but are merely seeking to delay the inevitable. The desperation
of their situations requires a careful balancing of the duty to the client as an advocate and the duty
to the court as an officer. Wolkoff, having shown himself to be unable to strike the appropriate
balance, is strongly urged to forbear from representing multiple repeat filers.
-2-
And the Court finding by reason of the years he has appeared in this Court and from
the testimonials of Baker, Chandler and Mulcahy that this incident was an aberration in his
long unblemished career;
And the Court further finding that the distress Wolkoff has experienced by the
proceedings to date and his loss of credibility in the eyes of the Court is, with the sanctions
imposed below, sufficient to address this incident; 2
And notwithstanding the foregoing, there must be a significant consequence to this
serious transgression of Wolkoff’s ethical obligations to the Court, parties in interest and
the bankruptcy system;
It is hereby ORDERED that:
1. Wolkoff shall disgorge the fees paid by Crawford-Mathis to him in the amount
of $6,200.3 Given Crawford-Mathis’ benefit from these bankruptcy filings, the Disgorged
Fee shall be contributed to the Consumer Bankruptcy Assistance Project (“CBAP”).
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In re Mark G. Wolkoff - Misc. No. 07-3003DWS
4 It was observed by one of the participants at the hearing that Wolkoff’s zeal for his client’s
cause contributed to his transgression. Pro bono service to CBAP clients serves two rehabilitative
purposes. First, Wolkoff will be channeling his energy to indigent citizens who have been screened
by CBAP as appropriate candidates for bankruptcy relief. Second, he will not be influenced by the
fee he charges which may have contributed to his willingness to represent the same client repeatedly.
Hopefully this public service will help Wolkoff strike a better balance between his role as an officer
of this court and an advocate for his client.
-3-
Disgorgement may be accomplished in four quarterly installments commencing May 1,
2007. 	Each payment shall be evidenced by a letter certification to the undersigned with
a copy of the check or other payment advice.
2. 	Wolkoff shall provide pro bono service for one year by representing four (4)
clients of CBAP from petition to discharge during the next twelve months.4
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:
Mark G. Wolkoff
100 North 17th Street, 5th Floor
Philadelphia, PA 19103
Tracey Crawford-Mathis
848 Granite Street
Philadelphia, PA 19124
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
Fred Baker, Esquire
Office of the U.S. Trustee
833 Chestnut Street, Suite 500
Philadelphia, PA 19107
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