Title 12-24779-DER ANGELA MARIA MARTISE
Judge
David E. Rice
Entered
Case Number
12-24779
Summary

Court limited the amount of reasonable fees for a bankruptcy petition preparer's services to $100 of the fee charged by him to prepare petition and other filings in a straightforward Chapter 7 case but found that an additional $75 charged for lease preparation and dispute resolution with a utility service was not related to the preparation of the bankruptcy filing and was not subject to review or approval by the court. Although the evidence presented indicated that an additional $150 was paid to a third party associated with the bankruptcy petition preparer for educational services and advice regarding the bankruptcy and that such services may be in violation of section 110 as well as an unauthorized practice of law, the court found that the third party was not on notice that her fees were at issue in the hearing and refrained from ordering her fees disgorged without prejudice to the right of the U.S. Trustee to seek such relief by separate motion.

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