- 11 U.S.C.
Turner v. Burnworth (In re Carrier)
Feb
27
2007
Ruling
Bankruptcy petition preparer enjoined from providing further services due to multiple violations of Bankruptcy Code.
Procedural posture
The United States Trustee filed a complaint against defendants, a bankruptcy petition preparer and her company, alleging violations of 11 U.S.C. § 110 and seeking injunctive relief.
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Court
:
- 11 U.S.C.
In re Reynoso
Feb
27
2007
Ruling
Petition software provider was a bankruptcy petition preparer and was properly sanctioned for unauthorized practice of law.
Procedural posture
In an adversary proceeding, appellate bankruptcy petition software provider was found to have acted as a "bankruptcy petition preparer" within the meaning of 11 U.S.C. § 110 and to have violated the requirements thereof. The provider had committed fraudulent, unfair, or deceptive conduct, and had engaged in the unauthorized practice of law. The Bankruptcy Appellate Panel ("BAP") of the Ninth Circuit affirmed and the software provider appealed.
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- 11 U.S.C.
In re Jarvis
Sep
29
2006
Ruling
Bankruptcy petition preparer sanctioned for failure to comply with signature requirements and for failing to file compensation disclosure statement.
Procedural posture
The United States Trustee filed a motion seeking to impose fines on a bankruptcy petition preparer in a chapter 7 bankruptcy proceeding pursuant to 11 U.S.C. § 110(l)(1) and (2)(d). The Trustee also sought forfeiture of the preparer's compensation pursuant to section 110(h). The preparer did not appear or respond to the Trustee's motion.
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Court
:
- 11 U.S.C.
In re Hennerman
Sep
20
2006
Ruling
Petition preparer sanctioned for failing to provide debtor with all of the necessary documents in the proper form for filing under chapter 13.
Procedural posture
The matter came before the court for hearing on a letter filed with the court by a chapter 13 debtor, which alleged that she had not received all the documents for which she had contracted with an internet-based bankruptcy petition provider and that some of the documents she did receive were not usable.
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Court
:
- 11 U.S.C.
Turner v. Burnworth (In re Carrier)
Aug
02
2006
Ruling
Permanent injunction and fines issued against ankruptcy petition preparer engaged in unauthorized practice of law.
Procedural posture
Plaintiff United States Trustee brought a complaint asserting multiple violations of 11 U.S.C. § 110 against defendants, a nonattorney preparer of bankruptcy petitions and related documents who did not operate as a paralegal under the supervision or control of an attorney, and her business entity. The trustee sought monetary and injunctive relief.
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Court
:
- 11 U.S.C.
In re Duran
Jul
12
2006
Ruling
Principal of bankruptcy petition preparer was liable to debtor for omissions of typist.
Procedural posture
Chapter 7 debtor complained to the court regarding the practices of a company and its principal as bankruptcy petition preparers under 11 U.S.C. § 110.
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Court
:
- 11 U.S.C.
In re Bernales
Jun
19
2006
Ruling
Order was entered against debtor's petition preparers for unauthorized practice of law requiring preparers to disgorge fees paid by debtor, pay fines, and enjoin preparers from preparing petitions in district.
Procedural posture
A pro se bankruptcy debtor's petition was dismissed for failure to file timely required documentation. The bankruptcy court issued orders requiring the debtor's petition preparers, a corporation and its case coordinator, to show cause why preparation fees should not be disgorged and why the preparers should not be enjoined from petition preparation in the district based on unauthorized practice of law.
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Court
:
- 11 U.S.C.
In re Tomlinson
Apr
19
2006
Ruling
Court held that bankruptcy petition preparers engaged in the unauthorized practice of law and made false and misleading representations.
Procedural posture
Petitioners, a debtor and her chapter 7 trustee, jointly moved to withdraw the reference of a bankruptcy case from a bankruptcy court to a district court in order to enforce two of the bankruptcy court's orders, which determined and certified that respondents, the debtor's bankruptcy petition preparers, owed damages and fees for violating 11 U.S.C. § 110(h)(2). The preparers opposed the motions.
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Court
:
In re Medley
Nov
10
2005
Ruling
Bankruptcy petition preparer who acted as more than a scrivener engaged in the unauthorized practice of law and thus committed a deceptive practice under the Code.
Procedural posture
Pro se bankruptcy debtors contacted a petition preparer's website and subsequently agreed to pay the preparer to complete their bankruptcy petition and accompanying schedules and forms. The bankruptcy trustee obtained an order to show cause to determine whether the preparer engaged in the unauthorized practice of law, and the preparer did not appear at the show cause hearing.
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Court
: