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N.D. Ohio· 9/26/2002

In Re Alexander

Citations

  • 284 B.R. 626
  • 2002 Bankr. LEXIS 1251
  • 2002 WL 31445206

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that Congress expressly chose the words “collect or receive any payment,” precluding bankruptcy petition preparers from taking filing fees in any form or fashion
  • concluding that reasonable value of petition preparer’s services was $200
  • allowing a maximum flat fee of $200.00 based upon time involved with the debtor’s case
  • analogizing the burden-of-proof issue to the same issue for attorneys’ fees under § 329(b) of the Bankruptcy Code
  • “The burden of proving the reasonableness of fees collected from chapter 7 debtors in connection with their bankruptcy cases is most logically placed on the recipient, in this case a petition preparer[.]”
  • “Congress enacted [11 U.S.C.] § 110 ... to ‘address the growing problem of bankruptcy [petition] preparers who abuse the system in the course of preparing documents for the debtors to file.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mary Ann Whipple

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Cited by

13 cases in this archive cite this case.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

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