Chapter 13 Trustee, Glenn Stearns, in the case of Arthur J. Gage, 07B 06867, sought for types of relief against attorney Robert Schaller. The Court’s opinion of Judge John H. Squires found that “although Schaller received fees over and above the flat fee arrangement he entered into with the Debtor, which were encompassed with that agreement, Schaller has refunded all of the fees and has corrected the erroneous Rule 2016 statement filed in this case (and many others).” The Court went on to say that “the evidence does not support a finding of civil contempt because Schaller did not violate any order of the Court, notwithstanding the errors and omissions in the Rule 2016 statement.”

The Court declined to tax Schaller with the Trustee’s fees and costs.

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