The issues of this proceeding having been duly considered by the Honorable Cynthia A. Norton, United States Bankruptcy Judge, and a decision having been reached after a trial or hearing.
IT IS ORDERED AND ADJUDGED: 1.The Amended Motion of the United States Trustee in In re Pigg is GRANTED; Attorney Michael McCrary is ordered to disgorge $1,300 of his attorney fees pursuant to 11 U.S.C. § 329(b), and to pay a penalty pursuant to 11 U.S.C. § 707(b)(4) of $1,500, for a total of $2,800, payable to the Pigg estate, within 14 days; any amounts Mr. McCrary has already paid the estate should be credited against these amounts.
2.The Motion of the United States Trustee in In re Harkins is GRANTED; Attorney Michael McCrary is ordered to disgorge $600 of his attorney fees pursuant to 11 U.S.C § 329(b), and to pay a penalty of $3,750 pursuant to 11 U.S.C. § 707(b)(4), for a total of $4,350, payable to the Harkins estate, within 14 days.
3.In addition, Attorney Michael McCrary is ORDERED to reimburse the United States Trustee the sum of $674.10 and to reimburse Bruce E. Strauss, as Trustee of the Harkins estate, the sum of $825.40, pursuant to 11 U.S.C. § 105(a) and Fed.R.Bankr.P. 9011 and the Courts equitable powers, for a total of $1,499.50, and to file a certificate of compliance, all within 14 days;
4.The Courts Order to Show Cause in Harkins will be vacated upon Michael McCrarys filing of the certificate of compliance;
5.The Court further refers these matters to the Disciplinary Administrator of the State of Missouri, and to the Court en banc of the Western District of Missouri for further investigation.