In re Boyce
PUBLISHED
317 B.R. 165 (Bankr.D.Utah)
United States Trustee filed a motion under 11 U.S.C. § 110, seeking fines or disgorgement of fees from a bankruptcy petition preparer ("BPP"). The court found that BPP's $195 fee was not excessive, and that BPP did not engage in the practice of law by responding to debtor’s basic questions about bankruptcy, or by using software to create debtor’s schedules and statements. In the alternative, the court found that BPP did not engage in unauthorized practice of law because he closely associated himself with a licensed attorney. However, the court joined the majority rule in finding that BPP violated § 110(g)(1) by accepting debtor’s filing fee in the form of a money order payable to the court. For that violation, BPP was fined $1.00.