In re Gavin

11 Citing cases

  1. Interpreting 11 U.S.C. § 110

    198 B.R. 604 (C.D. Cal. 1996)   Cited 6 times
    Deciding procedural issues in 34 cases

    In re Gavin, 181 B.R. 814 (Bankr.E.D. PA 1995) (The orders of the Bankruptcy Judge were later "adopted" by a District Judge who also "ordered" judgments as per the bankruptcy judge's decision. 184 B.R. 670 (E.D.Pa. 1995)). This district, the Central District of California, is often referred to as the "bankruptcy capital" of the country.

  2. In re Alloway

    401 B.R. 43 (Bankr. D. Mass. 2009)   Cited 4 times

    In re Bonarrigo, 282 B.R. 101 (D.Mass. 2002)(affirming statewide injunction); In re Bodnar, 1998 WL 480856 (E.D.Pa. August 13, 1998)(denying mandamus and affirming a nationwide injunction); In re Gavin, 181 B.R. 814, 825 (Bankr. E.D.Pa. 1995), adopted 184 B.R. 670 (E.D.Pa. 1995)(nationwide injunction warranted because of preparer's egregious unauthorized practice of law and § 110 violations-"A nationwide injunction appears clearly authorized by §§ 110(j)(1) and (j)(2)(B), since they speak in terms of entry of an injunction preventing a person from acting as a preparer anywhere."); In re Weatherley, 1993 WL 268546 (E.D.Pa. July 15, 1993)(affirming a nationwide injunction); In re Wagner, 241 B.R. 112, 123 (Bankr.E.D.Pa.1999)(nationwide injunction prohibiting all of preparer's petition preparer activities pursuant to § 110(J)(2)(B)); In re Bradshaw, 233 B.R. 315, 329 (Bankr.D.N.J.1999)(nationwide injunction prohibiting all of preparer's petition preparer activities pursuant to § 110(J)(2)(B)); In re Gabrielson, 217 B.R. 819, 828 (Bankr.D.Ariz.1998)(enjoining preparer "in the District of Arizona or in any federal district in which he might now or subsequently locate"); In re Willman, 1997 WL 781878 (Bankr.E.D.Pa.

  3. In re Moffett

    263 B.R. 805 (Bankr. W.D. Ky. 2001)   Cited 56 times
    Holding that accepting a money order for filing fees "is a direct violation of 11 U.S.C. § 110(g)"

    Id. at 385. See also In re Brokenbrough, 197 B.R. 839, 844 (Bankr.S.D.Ohio 1996) (doing business as Legal Aid Services prohibited); Ross v. Smith (In re Gavin), 181 B.R. 814, 817-818 (Bankr.E.D.Pa. 1995), adopted by District Court, 184 B.R. 670 (E.D.Pa. 1995) (business card describing employee as "paralegal assistant" led client to believe that preparer was working with or supervised by an attorney). Subsection (f)(2) states that a petition preparer shall be fined not more than $500 for each instance of using the term legal in advertising.

  4. In re Wagner

    241 B.R. 112 (Bankr. E.D. Pa. 1999)   Cited 16 times
    Finding that a petition preparer's fee of $250 was excessive and valuing the services provided at "not more than $50"

    Id. at *10. The scope and form of the 9/23 Order was described in Patton I, id. at *13-*14, as almost identical to these approved by the district court in In re Bodnar, 1998 WL 480856, at *2 (E.D.Pa. Aug. 13, 1998); In re White, 1995 WL 612931, at *2, *5 (E.D.Pa. Oct. 11, 1995); In re Skobinsky, 167 B.R. 45, 47, 53 (E.D.Pa. 1994); and In re Gavin, 181 B.R. 814, 826 (Bankr. E.D.Pa.), modified and expanded, 184 B.R. 670 (E.D.Pa. 1995). Patton I, at *13-*14.

  5. In re Bradshaw

    233 B.R. 315 (Bankr. D.N.J. 1999)   Cited 27 times
    Holding that a $500 fine was appropriate based on similar conduct by defendants and noting that numerous cases warranted the maximum fine on less egregious circumstances

    Additionally, the defendants are required to disgorge fees because it is well established that courts may order the disgorgement of the fruits of illegal conduct. See United States v. Ursery, 518 U.S. 267, 284, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996); In re Kaitangian, 218 B.R. 102, 115 (Bankr.S.D.Cal. 1998); In re Gavin, 181 B.R. 814, 820-21, 823 (Bankr.E.D.Pa.), adopted, 184 B.R. 670 (E.D.Pa. 1995). The unauthorized practice of law is illegal in the State of New Jersey.

  6. In re Taylor

    216 B.R. 515 (Bankr. E.D. Pa. 1998)   Cited 29 times
    Referencing state escheat law, and holding that a property finder is limited to recovering 10% of the value of unclaimed property

    Furthermore, although § 329 refers specifically to attorneys, F.R.B.P. 2016(a) applies to any "entity seeking interim or final compensation for services, or reimbursement of necessary expenses." As a result, in several recent decisions, this court has pointed out, e.g., In re Gavin, 181 B.R. 814, 820 (Bankr. E.D.Pa.), adopted, 184 B.R. 670 (E.D.Pa. 1995), that 11 U.S.C. § 329 and Federal Rules of Bankruptcy Procedure ("F.R.B.P.") 2016 and 2017 applied to all parties charging for services in bankruptcy cases, and was not confined to attorneys.

  7. In re Campanella

    207 B.R. 435 (Bankr. E.D. Pa. 1997)   Cited 16 times
    Selling bankruptcy "kits," even without interviewing the customers, in itself constitutes the unauthorized practice of bankruptcy law

    1994), for a description of the IFP Program.See In re Gavin, 181 B.R. 814, 816 n. 1 (Bankr.E.D.Pa.), adopted, 184 B.R. 670 (E.D.Pa. 1995), for a full description of L.B.R. 2016.1 and the local rule to which it relates, Local Bankruptcy Rule ("L.B.R.") 2016.1(c). This form requires, essentially, that pro se debtors disclose any fees paid to attorneys or non-attorneys who assisted or advised the debtor in filing bankruptcy.

  8. In re Brokenbrough

    197 B.R. 839 (Bankr. S.D. Ohio 1996)   Cited 20 times
    Finding enough evidence of "fraudulent, unfair or deceptive conduct" in preparer's violation of other § 110 prohibitions

    9. Mr. White and LAS are not attorneys licensed to practice law within the State of Ohio, nor are they admitted to practice before any United States District Court in Ohio (Hearing Exh. 5). 10. Prior to the filing of the instant case, LAS, its principals, and any one acting in concert with them were enjoined from preparing bankruptcy petitions and/or acting as bankruptcy petition preparers anywhere in the United States of America for violations of section 110 of the Bankruptcy Code. See Ross v. Smith (In re Gavin), 184 B.R. 670 (E.D.Pa. 1995) and 181 B.R. 814 (Bankr.E.D.Pa. 1995); In re Hernandez, unreported, Case No. 95-51477-RBK (W.D.Texas, San Antonio Division, June 14, 1995); and In re Lackey, unreported, Case No. 95-10453FM (W.D.Texas, Austin Division, May 19, 1995). 11. On or about April 1995, debtor's daughter telephoned LAS for information as to whether bankruptcy would resolve the debtor's financial problems.

  9. In re Herrera

    194 B.R. 178 (Bankr. N.D. Ill. 1996)   Cited 60 times
    Holding repeated failure to attend § 341 meetings and make plan payments, coupled with re-filings in unchanged circumstances, constituted willful failure to abide by court orders

    This new statutory provision does not preempt, but instead supplements, prior bankruptcy remedies. See Ross v. Smith (In re Gavin), 181 B.R. 814, 821 (Bankr.E.D.Pa. 1995) ("It seems clear that 11 U.S.C. § 110 was not enacted to preempt these traditional bankruptcy court remedies, but to reinforce their propriety and add some very specific weapons to the bankruptcy court's arsenal in remedying certain specific inappropriate conduct by lay advocates."), adopted, 184 B.R. 670 (E.D.Pa. 1995). Section 110, however, only covers a "bankruptcy petition preparer.

  10. In re Stacy

    193 B.R. 31 (Bankr. D. Or. 1996)   Cited 36 times
    Finding "fraudulent, unfair and deceptive conduct" violating § 110(j) as preparer mislead debtors by false assurances, made alterations in documents without consent, represented on second petition that debtor had not filed in the last six years when preparer had prepared a first petition for debtor within that time frame, and fabricated information on schedules

    The statute is violated when the term "legal" or something similar is contained in the name of the business. In re Gavin, 181 B.R. 814, 823 (Bankr.E.D.Pa.), aff'd 184 B.R. 670 (E.D.Pa. 1995). Section 110(f) provides: