Opinion
Case No. 07-15955-PM, Adv. Proc. No. 07-00755.
April 10, 2008
W. CLARKSON MCDOW, JR., United States Trustee, Region 4, By Counsel:, Lynn A. Kohen, Bar No. 10025, Office of the United States Trustee, Greenbelt, MD.
ROBERT JOEL ZAKROFF, Pro Se, Zakroff Associates, Bethesda, MD.
STIPULATION AND CONSENT ORDER
WHEREAS the Plaintiff W. Clarkson McDow, Jr., United States Trustee for Region 4 ("United States Trustee"), filed a Complaint against the Defendant Robert Joel Zakroff ("Defendant") (collectively the "Parties") in which the United States Trustee alleged that the Defendant violated 11 U.S.C. §§ 110(e)(2), (f), (g) and (h);
WHEREAS on October 4, 2007, the Defendant answered the Complaint;
WHEREAS the Parties agree that the Defendant was at all relevant times acting as a bankruptcy petition preparer, as that term is defined in 11 U.S.C. § 110(a)(1), by preparing the Debtor's voluntary Chapter 7 bankruptcy petition filed in Case No. 07-15955-PM;
WHEREAS the Parties agree that the Debtor paid $1,000 to the Defendant to prepare the Debtor's voluntary Chapter 7 bankruptcy petition;
WHEREAS the Parties agree that this Stipulation and Consent Order sets forth the entire agreement between the Parties and fully supersedes any and all prior agreements and understandings, written or oral, between the Parties pertaining to the subject matter hereof;
WHEREAS the Parties acknowledge and agree that the United States Trustee has not made, and/or given any other representations, promises, inducements, or rewards, and/or given or promised to give any consideration of any kind whatsoever to the Defendant, or anyone else on his behalf;
WHEREAS the Defendant acknowledges that he is acting pro se in this proceeding, that he has been provided with a full and fair opportunity to retain counsel of his choice in this proceeding to advise him with respect to, among other things, the consequences of this Stipulation and Consent Order, and that notwithstanding the opportunity provided to him to retain counsel, he has voluntarily chosen not to do so; and
WHEREAS the Parties by their signatures below, have agreed to resolve all matters concerning the Complaint on the following terms and conditions.
IT IS THEREFORE by the United States Bankruptcy Court for the District of Maryland hereby:
ORDERED THAT within thirty (30) days of the date of entry of Order, the Defendant shall turn over to the Debtor the total sum of $1,000.00, and shall provide evidence thereof to the Plaintiff; and it is further
ORDERED THAT the Defendant, as well as any present or future sole proprietorships, corporations, partnerships, limited liability companies, or any other type of business organization or entity that the Defendant has created or may create, has or will obtain an ownership interest in, or otherwise controls or will control, is hereby permanently enjoined from engaging in any conduct in violation of Section 110 of the Bankruptcy Code and from further acting as a bankruptcy petition preparer in the State of Maryland; and it is further
ORDERED THAT should any of the terms of this Stipulation and Consent Order be violated, the United States Trustee shall be permitted to seek additional remedies against the Defendant in this or any other Court, including but not limited to, an Order of civil and/or criminal contempt against the Defendant, and additional fines against the Defendant pursuant to applicable provisions of the Bankruptcy Code; and it is further
ORDERED THAT if the Defendant shall be reinstated to practice law in the State of Maryland and before this Court, this Order shall not preclude the Defendant from representing debtors before this Court; and it is further
ORDERED THAT the Defendant knowingly and voluntarily waives any and all right to appeal the entry of this Stipulation and Consent Order.