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§ 526

Cruz, In re

Ruling
Attorney and law firm penalized for altering form without debtor’s consent and filing paltrypetition. (Bankr. S.D. Tex.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Failure to Provide Promised

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Consumer opinion summary, case decided on August 27, 2020 , LexisNexis #1020-008

Taulbee, In re

Ruling
Court imposed sanctions against debtor’s counsel due to multiple material substantive andprocedural errors and multiple intentional representations.(Bankr. E.D. Ky.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions.

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Consumer opinion summary, case decided on April 02, 2020 , LexisNexis #0520-090

Carr, In re

Ruling
Attorneys’ use of dual contracts for pre- and post-petition work satisfied the Bankruptcy Code.(Bankr. E.D. Ky.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Advice to Incur More Debt

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Consumer opinion summary, case decided on January 22, 2020 , LexisNexis #0320-012

Cook, In re

Ruling
Sanctions were warranted where agency failed to establish proper reporting process that led toa consistent pattern of inaccurate filings. (Bankr. N.D. Ill.)
Issue(s)
Restrictions on Debtor Relief Agencies; Failure to Comply; Action by Bankruptcy

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Consumer opinion summary, case decided on December 17, 2019 , LexisNexis #0220-013

Manuel, In re--Lim v. Manuel

Ruling
Court held that counsel must disgorge all monies paid to him by debtor where counsel failedto comply with mandatory written disclosure requirements in the Bankruptcy Code. (Bankr.D.N.J.)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on August 29, 2019 , LexisNexis #1019-090

James, In re--Casamatta v. Castle Law Office of Kan. City, P.C.

Ruling
Court noted that U.S. Trustee has a duty to bring violations by attorneys to the court's attention. (Bankr. W.D. Mo.)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on November 28, 2018 , LexisNexis #0119-096

Hobbs v. Chesson

Ruling
Trustee was entitled to disgorgement where defendants engaged in a clear consistent pattern or practice of violating § 526 by impersonating debtors during credit counseling briefings and filing false pleadings with the court. (Bankr. W.D. La.)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on August 29, 2018 , LexisNexis #1018-048

Denny, In re

Ruling
Court granted trustee's motion for sanctions because attorney failed to provide promised services to clients and misrepresented the services he would provide. (Bankr. E.D. Ky.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions.

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Consumer opinion summary, case decided on May 22, 2018 , LexisNexis #0618-106

White, In re

Ruling
LLC and attorney violated the court's order implementing a settlement agreement when they filed disclosure statements in chapter 7 bankruptcy cases that required payment of fees for legal services they agreed to provide without charge. (Bankr. N.D. Ala.)
Issue(s)
Restrictions on Debtor Relief Agencies.

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Consumer opinion summary, case decided on April 19, 2018 , LexisNexis #0518-100

Foster, In re

Ruling
Court found that LLC and its former partner violated § 526 for omissions of FDCPA lawsuits on their Statement of Financial Affairs. (Bankr. W.D. Wash.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Untrue or Misleading Statements.

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Consumer opinion summary, case decided on April 06, 2018 , LexisNexis #0518-045