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§ 110(i)

Wiggins v. Housley (In re Wiggins)

Ruling
Real estate agent who assisted debtor with filing was a petition preparer and liable to debtor for failure to meet requirements and fraudulent or deceptive acts.
Procedural posture

Plaintiff debtor brought this adversary proceeding against defendants, including a real estate agent and real estate firm, pursuant to 11 U.S.C.S. § 110(i)(1), which provided that a petition preparer was liable to a debtor for actual damages, statutory damages of $2,000, and reasonable attorney's fees for violating any of the provisions of § 110 or committing a fraudulent or deceptive act. Pending was the court's decision.

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Consumer opinion summary, case decided on September 21, 2012 , LexisNexis #1012-107

In re Builta

Ruling
Bankruptcy petition preparer ordered to discharge excess fees due to mistakes and omissions.
Procedural posture

In this chapter 7 case, the United States Trustee (UST) moved to require a bankruptcy petition preparer (the preparer) to disgorge fees paid to him and to impose sanctions under 11 U.S.C.S. § 110(i).

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Consumer opinion summary, case decided on September 03, 2009 , LexisNexis #1009-073

United States Trustee v. Taub (In re Nicholas)

Ruling
Bankruptcy court had jurisdiction in debtor's case over violations by bankruptcy petition preparers in all other cases filed in the same year.
Procedural posture

Defendant bankruptcy petition preparer ("BPP") moved to dismiss claims filed by plaintiff, the United States Trustee, for monetary penalties for providing legal advice to debtors other than the debtor in whose the complaint was filed, for damages and penalties under 11 U.S.C. § 110(i), for injunctive relief, and for other relief in all other cases filed in the last year in which the BPP allegedly failed to comply with section 110.

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opinion summary, case decided on August 01, 2007 , LexisNexis #0907-072

In re Jarvis

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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opinion summary, case decided on September 29, 2006 , LexisNexis #1106-106

In re Medley

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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opinion summary, case decided on November 10, 2005 , LexisNexis #0106-006