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§ 526(c)

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

In re LaTanya

Ruling
Attorney acting as a "debt relief agency" ordered to disgorge fees collected under agreement that did not comply with §528(a)(1)(B).
Issue(s)
Was attorney a "debt relief agency" and required to disgorge fees due to failure of retainer agreements to comply with § 528(a)(1)(B) by identifying the terms of payment?

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Consumer opinion summary, case decided on July 23, 2014 , LexisNexis #0814-091

In re Valdez

Ruling
Debt relief agency ordered to disgorge fees and enjoined from operating in district until demonstrating compliance with Bankruptcy Code.
Procedural posture

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the court issued an order requiring the debtor to show cause why he should not be sanctioned for filing his bankruptcy petition in bad faith. After the debtor testified at the hearing, the court issued an order to a business that gave the debtor advice, which required the business to show cause why it should it should not be sanctioned.

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Consumer opinion summary, case decided on August 23, 2011 , LexisNexis #0911-088

In re Gutierrez

Ruling
Debtor's former attorney ordered to disgorge fees due to failure to comply with BAPCPA provisions for Bankruptcy Truthfulness Notice or fee agreements.
Procedural posture

Chapter 7 debtor filed a motion, seeking an order compelling his former bankruptcy attorney to disgorge pursuant to 11 U.S.C. § 526(c) all monies received in connection with his representation of debtor.

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opinion summary, case decided on December 01, 2006 , LexisNexis #0107-004