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
Read full opinion on CourtListenerCited by
13 cases in this archive cite this case.
- In Re Mirant Corp.N.D. Texas· 2006-11-21· cited 25×
- In Re Bankruptcy Petition PreparersNinth Circuit· 2004-02-23· cited 23×
- In Re RoseE.D. Tennessee· 2004-08-18· cited 19×
- In Re HaneyN.D. Ohio· 2002-09-23· cited 12×
- United States Trustee v. Burton (In re Rosario)D. Massachusetts· 2013-05-29· cited 12×
- In Re Mirant Corp.N.D. Texas· 2006-08-09· cited 11×
- In Re Village at Camp Bowie I, L.P.N.D. Texas· 2011-08-04· cited 10×
- Lucas v. Nickens (In Re Lucas)D. Maryland· 2004-07-12· cited 7×
- Scott v. Tighe (In Re Buck)C.D. California· 2004-01-21· cited 6×
- Bodenstein v. Shareef (In Re Steward)N.D. Illinois· 2004-07-23· cited 5×
- Alba v. Tighe (In Re Shoup)C.D. California· 2004-01-21· cited 3×
- In Re ThompsonN.D. Ohio· 2004-09-20
- LDS Express, Inc. v. Brown (In Re Kingway Logistics, Inc.)N.D. Texas· 2006-08-16
Cites
31 cases in this archive are cited by this case; the 20 most cited are listed.
- United States v. Ron Pair Enterprises, Inc.Supreme Court· 1989-02-22· cited 4,657×
- In the Matter Of: Peter Francis GeraciSeventh Circuit· 1998-03-09· cited 105×
- Sharon Village Ltd. v. Licking County Board of RevisionOhio Supreme Court· 1997-05-21· cited 63×
- In Re GuttierezW.D. Texas· 2000-04-17· cited 50×
- Matter of SwartoutS.D. Ohio· 1982-05-11· cited 42×
- In Re MoffettW.D. Kentucky· 2001-05-11· cited 42×
- Hastings v. United States Trustee (In Re Agyekum)Ninth Circuit· 1998-10-06· cited 37×
- In Re EvansE.D. Pennsylvania· 1993-05-11· cited 35×
- Office of Disciplinary Counsel v. ColemanOhio Supreme Court· 2000-02-23· cited 35×
- Cohn v. U.S. Trustee (In Re Ostas)N.D. New York· 1993-09-02· cited 34×
- United States Trustee v. PLA People's Law-Arizona, Inc. (In Re Green)D. Arizona· 1996-07-01· cited 29×
- Wetherbee v. Willow Lane, Inc. (In Re Bestway Products, Inc.)E.D. California· 1993-02-16· cited 29×
- In Re 1095 Commonwealth Avenue Corp.D. Massachusetts· 1997-01-21· cited 26×
- In Re DoserD. Idaho· 2002-07-24· cited 26×
- Marshall v. Bourque (In Re Hartman)D. Massachusetts· 1997-04-30· cited 24×
- In Re Mondie Forge Co.N.D. Ohio· 1993-05-12· cited 22×
- United States Trustee v. Womack (In Re Paskel)E.D. Arkansas· 1996-09-17· cited 22×
- In Re CobbN.D. Illinois· 1985-12-13· cited 17×
- In Re JonesS.D. Indiana· 1998-02-15· cited 16×
- In Re Paul Menell, Debtor. Paul Menell v. First National Bank of BostonFirst Circuit· 1994-09-28· cited 15×
Sourced from CourtListener / Free Law Project (CC0).
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