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§ 110(i)(1)

Wiggins v. Housley (In re Wiggins)

Sep
21
2012
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
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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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opinion summary, case decided on September 29, 2006 , LexisNexis #1106-106
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