Tiffany

The Law Offices of Nicholas A Franke (“Franke”) appeals from the bankruptcy court’s order mandating the disgorgement of approximately $37,000 received for services to be provided in a bankruptcy proceeding. The district court affirmed. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

BACKGROUND

Faced with mounting financial difficulties, Dr. Eric Aden Lewis (“Lewis”) sought legal assistance from Franke, which agreed to represent Lewis in bankruptcy proceedings for a retainer of $40,000. Lewis made a $10,000 payment and agreed to pay the balance. On November 20, 1992, Lewis filed a voluntary petition under chapter 11 of the Bankruptcy Code.

Franke claims that it submitted an employment application for Lewis’s case on December 10, 1992 to the Office of the United States Trustee (“U.S. Trustee”) pursuant to the Central District’s Local Bankruptcy *1042 Rules. The U.S. Trustee reviews applications for employment and then files them with the bankruptcy court, making comments or objections where appropriate. Franke cannot, however, provide any evidence to substantiate its claim that it submitted an employment application in December 1992. The U.S. Trustee has…