2:08-bk-13987•Mary E. Brown
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UNITED S TATES B ANKRUPTCY COURT FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA In re : Chapter 13 : MARY E. BROWN, : Bankruptcy No. 08-13987DWS : Debtor. : ORDER AND NOW, this 24th day of June 2008, the Clerk having brought to my attention electronic filing errors in the above-captioned case; And this Court having entered an Order on February 29, 2008 (the “Sanctions Order”) as Misc. No. 08-3003 to address continued and uncorrected deficiencies in the practices of Michael Kutzer, Esquire (“Kutzer”) which have caused prejudice to his clients and burden on this Court; And the Sanctions Order providing in pertinent part: For each such error, Kutzer’s compensation in the applicable case shall be reduced by $25, and he shall be given five days to correct the docket. If Kutzer fails to make the necessary correction, an additional deduction of $50 shall be made. If after ten days, Kutzer still fails to correct the docket, no compensation shall be allowed in that case. To the extent Kutzer has collected his fee up front, he will be required to disgorge to the Debtor the disallowed amount as soon as it is determined. This remedy will be imposed by separate order in the applicable case. Case 08-13987-dws Doc 9 Filed 06/24/08 Entered 06/24/08 14:47:56 Desc Main Document Page 1 of 2
In re Mary E. Brown - Bankruptcy No. 08-13987DWS -2- And Kutzer having made docket entries no. 4 and 5 in this case which represent that the Statement of Social Security Number and Form 22C, respectively were filed; And upon clicking on the entries, it appears that he has filed and docketed under both numbers the petition and all schedules (also docketed as number 1) and failed to file the documents he has stated were docketed, thus subjecting his client to dismissal for documentary deficiencies; It is hereby ORDERED that Kutzer shall disgorge to the Debtor the sum of $50 and immediately correct the two deficient filings. If they are not corrected by June 30, 2008, he shall disgorge $100 to the Debtor. If they are not corrected by July 7, 2008, no compensation shall be allowed in this case. DIANE WEISS SIGMUND U.S. Bankruptcy Judge cc: Chief Judge Stephen Raslavich Judge Bruce Fox Judge Eric Frank Judge Richard Fehling Judge Jean FitzSimon Timothy McGrath, Clerk Walter Stoertz, Chief Deputy Clerk Frederic J. Baker, 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 Frederick L. Reigle, Esquire P.O. Box 4010 Reading, PA 19606 Case 08-13987-dws Doc 9 Filed 06/24/08 Entered 06/24/08 14:47:56 Desc Main Document Page 2 of 2
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