In Re Frazier

MEMORANDUM OF DECISION ON U.S. TRUSTEE’S MOTION TO DISGORGE LEGAL FEES AND FOR SANCTIONS AGAINST DEBTORS’ ATTORNEY

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I

ISSUES

Carolyn S. Schwartz, the U.S. Trustee for Region 2 (“U.S.Trustee”), on November 5, 1998, filed the above-entitled motion against the respondent, David M. Somers, Esq. (“Somers”), an attorney who, on July 22, 1998, had filed a joint Chapter 7 bankruptcy petition on behalf of Richard Frazier (“Richard”) and Barbara Lynn Frazier (“Barbara”) (together, “the debtors”). The motion alleges that Somers charged the debtors an excessive fee of…