Petition Preparers

PETITION PREPARERS

In re Doser, 412 F.3d 1056 (9th Cir. 2005)

In a case involving We The People, the court held that § 110 was not vague or overbroad,

and did not violate the First Amendment.

In re Reynoso, 315 B.R. 544 (9th Cir. B.A.P. 2004), aff’d, 477 F.3d 1117 (9th Cir. 2007)

The transformation of data into completed forms by providing software to debtors makes

the software providers bankruptcy petition preparers; directing debtors to the applicable sections of

the Cal. Cod of Civil Procedure also constituted the unauthorized practice of law; intentional

concealment of preparers’ involvement, among other things, constituted fraudulent, unfair or

deceptive conduct.

In re Bankruptcy Petition Preparers, 307 B.R. 134 (9th Cir. B.A.P. 2004)

1. Selection and preparation of bankruptcy forms constituted practice of law.

2. Federal courts have inherent power to regulate practice in case before them.

Bankruptcy court may require preparers to comply with state bar rules re: certification.

In re Graves, 279 B.R. 266 (9th Cir. B.A.P. 2002)

Bankruptcy court may raise § 110(j) injunctive relief sua sponte without an adversary

proceeding being filed, but same protections afforded by an adversary proceeding must be given.

In re Crowe, 243 B.R. 43 (9th Cir. B.A.P. 2000), aff’d, 246 F.3d 673 (9th Cir. 2000)

Bankruptcy court had jurisdiction to hear US Trustee’s adversary proceeding against

bankruptcy petition preparer.

In re Crawford, 194 F.3d 954 (9th Cir. 1999), cert. denied, 528 U.S. 1189 (2000)

The court of appeals affirmed a judgment of the district court. The court held that a

bankruptcy court does not violate constitutional or Privacy Act rights of a nonattorney bankruptcy

petition preparer (BPP) by imposing a fine for the BPP’s failure to disclose his social security

number as required by 11 U.S.C. §110(c).

In re Agyekum, 225 B.R. 695 (9th Cir. B.A.P. 1998)

Lay bankruptcy petition preparer not permitted to retain fee in excess of amount allowed

under local rules.

In re Fraga, 210 B.R. 812 (9th Cir. B.A.P. 1997)

Attorney’s wholly owned corporation was “bankruptcy petition preparer”; corporation’s

attorney/owner was not

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