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#2059

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF KANSAS

In Re:

DELBERT LEE McHENRY, SHIRLEY YVONNE McHENRY,

DEBTOR(S)

CHAPTER 7

NO. 92-40006-7C

LEAVENWORTH COUNTY COOP,

PLAINTIFF(S),

v.

DELBERT LEE McHENRY, SHIRLEY YVONNE McHENRY,

DEFENDANT(S)

ADV. NO. 93-7050

ORDER TO SHOW CAUSE WHY PHILIP D. GORDON SHOULD NOT BE BARRED

FROM PRACTICING LAW BEFORE THE TOPEKA DIVISION OF THE

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS

Both the main case and adversary proceeding referenced above are before the Court sua sponte. In the main case, on December 16, 1993, the Court ordered the debtors and their counsel, Philip D. Gordon, jointly and severally, to pay $500 to the bankruptcy estate as a sanction for failing to turn property of the estate over to the trustee and to respond to the trustee's requests for information.

In the adversary proceeding, on December 8, 1993, the Court indicated it would order Mr. Gordon alone to pay attorney fees to the plaintiff Leavenworth County Coop as a sanction for his failure to appear at two hearings and to respond timely and fully to discovery requests despite a motion to compel discovery and a motion for default judgment. By an order entered on March 22, 1994, the amount of this sanction was fixed at $1,359.30.

The Coop filed another motion to compel discovery on January 31, 1994, indicating the debtors' had not signed their discovery responses and had not produced a number of documents. The Clerk's Office set this motion for hearing on March 8. Mr. Gordon filed no response but did appear for the debtors at the hearing. The Court orally gave the debtors seven days to remedy the discovery shortcomings and awarded the Coop a $200 sanction.

On June 13, the Coop filed a third motion to compel discovery, indicating the requested documents had still not been produced. The Clerk's Office scheduled this motion for hearing on June 30. Neither Mr. Gordon nor anyone else filed any response to this motion for the debtors or appeared at the hearing. On July 6, the Court entered an order directing the debtors to fully respond to the Coop's discovery requests, directing them and Mr. Gordon to pay all sanctions previously and currently imposed on them, and awarding the Coop an additional $582.10 for the fees and costs of its third motion to compel. The debtors were also directed to show cause why the Court should not enter judgment for the Coop on its complaint as a sanction for their failure to respond to discovery and appear at hearings, pretrials, and status conferences.

At the show cause hearing on July 26, a new attorney appeared for the debtors, and Mr. Gordon did not appear. The Court was informed Mr. Gordon has not paid any of the sanctions imposed against him. Consequently, Mr. Gordon is ordered to appear before the Court on Thursday, August 25, 1994, at 9:00 a.m. in Courtroom 210 of the Carlson Federal Building, 444 S.E. Quincy, Topeka, Kansas, and show cause why he should not be barred from the future practice of law before this Court due to his failure to pay the sanctions imposed and his many other failures in the debtors' main case and adversary proceeding. If he fails to appear, the Court will immediately enter an order barring him from further practice before the Topeka Division of this Court.

IT IS SO ORDERED.

Dated at Topeka, Kansas, this 27th day of July, 1994.













__________________________________

JAMES A. PUSATERI

CHIEF BANKRUPTCY JUDGE

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