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§ 110(a)

Davis, In re

Ruling
Organization qualified as a bankruptcy petition preparer by preparing the Chapter 13 petitionin exchange for a fee of $500 even though its representative did not physically fill out theforms. (Bankr. S.D. Tex.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions;

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Consumer opinion summary, case decided on July 19, 2023 , LexisNexis #0923-026

Gebhart v. Coburn(In re Rivera)

Ruling
"Foreclosure prevention consultant" was a bankruptcy petition preparer who should be sanctioned for violating Bankruptcy Code requirements.
Issue(s)
Was a "foreclosure prevention consultant" a bankruptcy petition preparer who should be sanctioned for violating § 110?

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Consumer opinion summary, case decided on April 17, 2015 , LexisNexis #0515-036

Belen v. Fundacion Lucha Pro Padres Convictos Por Pension Corp.

Ruling
Bankruptcy petition preparers sanctioned for providing legal advice.
Issue(s)
Did bankruptcy petition preparers provide legal advice, which would justify fines.

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Consumer opinion summary, case decided on October 02, 2013 , LexisNexis #1113-003

Walton v. Stewart (In re Bennett)

Ruling
Bankruptcy petition preparer sanctioned and enjoined from doing business for 60 days due to violations.
Procedural posture

Before the court was the motion of plaintiff, the regional U.S. Trustee (UST), for summary judgment on his complaint against defendant, a bankruptcy petition preparer (BPP). In the complaint, the UST alleged she violated certain provisions of 11 U.S.C.S. § 110 in connection with her efforts assisting debtor in the filing of this chapter 7 case as a bankruptcy petition preparer as that term was defined in § 110(a)(1). A hearing was held.

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Consumer opinion summary, case decided on September 21, 2011 , LexisNexis #0212-036