11 U.S.C. § 110
the court may enjoin the bankruptcy petition preparer from engaging in such conduct.
11 U.S.C. § 110
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(2)(A), are set out in the Appendix to this title.
AMENDMENTS2010-Subsec. (b)(2)(A). Pub. L. 111-327, §2(a)(7)(A), inserted "or on behalf of" after "from".Subsec. (h)(1). Pub. L. 111-327, §2(a)(7)(B)(i), in last sentence, substituted "filing for the debtor" for "filing for a debtor" and inserted "or on behalf of" after "from".Subsec. (h)(3)(A). Pub. L. 111-327, §2(a)(7)(B)(ii)(I), struck out "found to be in excess of the value of any services" after "paragraph (2)" in introductory provisions.Subsec. (h)(3)(A)(i). Pub. L. 111-327, §2(a)(7)(B)(ii)(II), inserted "found to be in excess of the value of any services" after "(i)".Subsec. (h)(4). Pub. L. 111-327, §2(a)(7)(B)(iii), substituted "paragraph (3)" for "paragraph (2)".2007-Subsec. (l)(4)(A). Pub. L. 110-161 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "Fines imposed under this subsection in judicial districts served by United States trustees shall be paid to the United States trustee, who shall deposit an amount equal to such fines in a special account of the United States Trustee System Fund referred to in section 586(e)(2) of title 28. Amounts deposited under this subparagraph shall be available to fund the enforcement of this section on a national basis."2005-Subsec. (a)(1). Pub. L. 109-8, §221(1), substituted "for the debtor or an employee of such attorney under the direct supervision of such attorney" for "or an employee of an attorney".Subsec. (b)(1). Pub. L. 109-8, §221(2)(A), inserted at end "If a bankruptcy petition preparer is not an individual, then an officer, principal, responsible person, or partner of the bankruptcy petition preparer shall be required to-" and added subpars. (A) and (B).Subsec. (b)(2). Pub. L. 109-8, §221(2)(B), added par. (2) and struck out former par. (2) which read as follows: "A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause."Subsec. (c)(2). Pub. L. 109-8, §221(3)(A), designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), for purposes" for "For purposes", and added subpar. (B).Subsec. (c)(3). Pub. L. 109-8, §221(3)(B), struck out par. (3) which read as follows: "A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause." Subsec. (d). Pub. L. 109-8, §221(4), struck out par. (1) designation before "A bankruptcy petition preparer shall" and struck out par. (2) which read as follows: "A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause."Subsec. (e)(2). Pub. L. 109-8, §221(5), added par. (2) and struck out former par. (2) which read as follows: "A bankruptcy petition preparer may be fined not more than $500 for each document executed in violation of paragraph (1)." Subsec. (f). Pub. L. 109-8, §221(6), struck out par. (1) designation before "A bankruptcy petition preparer shall not" and struck out par. (2) which read as follows: "A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1)." Subsec. (g). Pub. L. 109-8, §221(7), struck out par. (1) designation before "A bankruptcy petition preparer shall not" and struck out par. (2) which read as follows: "A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1)." Subsec. (h)(1). Pub. L. 109-8, §221(8)(B), added par. (1). Former par. (1) redesignated (2).Subsec. (h)(2). Pub. L. 109-8, §221(8)(A), (C), redesignated par. (1) as (2), substituted "A" for "Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a", inserted "by the bankruptcy petition preparer shall be filed together with the petition," after "perjury", and inserted at end "If rules or guidelines setting a maximum fee for services have been promulgated or prescribed under paragraph (1), the declaration under this paragraph shall include a certification that the bankruptcy petition preparer complied with the notification requirement under paragraph (1)." Former par. (2) redesignated (3).Subsec. (h)(3). Pub. L. 109-8, §221(8)(D), added par. (3) and struck out former par. (3) which read as follows: "The court shall disallow and order the immediate turnover to the bankruptcy trustee of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the documents prepared. An individual debtor may exempt any funds so recovered under section 522(b)." Pub. L. 109-8, §221(8)(A) redesignated par. (2) as (3). Former par. (3) redesignated (4).Subsec. (h)(4). Pub. L. 109-8, §221(8)(E), substituted "the United States trustee (or the bankruptcy administrator, if any) or the court, on the initiative of the court," for "or the United States trustee". Pub. L. 109-8, §221(8)(A) redesignated par. (3) as (4). Former par. (4) redesignated (5).Subsec. (h)(5). Pub. L. 109-8, §221(8)(A) redesignated par. (4) as (5). Subsec. (i)(1). Pub. L. 109-8, §221(9), inserted introductory provisions and struck out former introductory provisions which read as follows: "If a bankruptcy case or related proceeding is dismissed because of the failure to file bankruptcy papers, including papers specified in section 521(1) of this title, the negligence or intentional disregard of this title or the Federal Rules of Bankruptcy Procedure by a bankruptcy petition preparer, or if a bankruptcy petition preparer violates this section or commits any fraudulent, unfair, or deceptive act, the bankruptcy court shall certify that fact to the district court, and the district court, on motion of the debtor, the trustee, or a creditor and after a hearing, shall order the bankruptcy petition preparer to pay to the debtor-".Subsec. (j)(2)(A)(i)(I). Pub. L. 109-8, §221(10)(A)(i), struck out "a violation of which subjects a person to criminal penalty" after "any provision of this title". Subsec. (j)(2)(B). Pub. L. 109-8, §221(10)(A)(ii), substituted "has not paid a penalty" for "or has not paid a penalty" and inserted "or failed to disgorge all fees ordered by the court" after "a penalty imposed under this section,".Subsec. (j)(3). Pub. L. 109-8, §221(10)(C) added par. (3). Former par. (3) redesignated (4). Subsec. (j)(4). Pub. L. 109-8, §1205, substituted "attorneys" for "attorney's". Pub. L. 109-8, §221(10)(B), redesignated par. (3) as (4).Subsec. (l). Pub. L. 109-8, §221(11), added subsec. (l).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109-8 set out as a note under section 101 of this title.
EFFECTIVE DATESection effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103-394 set out as an Effective Date of 1994 Amendment note under section 101 of this title.
- attorney
- The term "attorney" means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law.(4A) The term "bankruptcy assistance" means any goods or services sold or otherwise provided to an assisted person with the express or implied purpose of providing information, advice, counsel, document preparation, or filing, or attendance at a creditors' meeting or appearing in a case or proceeding on behalf of another or providing legal representation with respect to a case or proceeding under this title.
- debt
- The term "debt" means liability on a claim.(12A) The term "debt relief agency" means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110, but does not include-(A) any person who is an officer, director, employee, or agent of a person who provides such assistance or of the bankruptcy petition preparer;(B) a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986;(C) a creditor of such assisted person, to the extent that the creditor is assisting such assisted person to restructure any debt owed by such assisted person to the creditor;(D) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act) or any Federal credit union or State credit union (as those terms are defined in section 101 of the Federal Credit Union Act), or any affiliate or subsidiary of such depository institution or credit union; or(E) an author, publisher, distributor, or seller of works subject to copyright protection under title 17, when acting in such capacity.
- debtor
- The term "debtor" means person or municipality concerning which a case under this title has been commenced.(13A) The term "debtor's principal residence"-(A) means a residential structure if used as the principal residence by the debtor, including incidental property, without regard to whether that structure is attached to real property; and(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.
- petition
- The term "petition" means petition filed under section 301, 302, 303 and 3 1504 of this title, as the case may be, commencing a case under this title.(42A) The term "production payment" means a term overriding royalty satisfiable in cash or in kind-(A) contingent on the production of a liquid or gaseous hydrocarbon from particular real property; and(B) from a specified volume, or a specified value, from the liquid or gaseous hydrocarbon produced from such property, and determined without regard to production costs.