· 4/17/2000
In Re Guttierez
Citations
- 248 B.R. 287
- 2000 Bankr. LEXIS 474
- 2000 WL 554483
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that bankruptcy petition preparer flat fee cannot exceed $50
- noting bankruptcy court may not adjudicate criminal matters relating to concealment of assets belonging to bankruptcy estate but may refer matter for criminal investigation
- finding that $50.00 is the maximum flat fee
- describing “selecting how creditors would be treated and advis[ing] the debtor regarding what exemptions to claim and under which chapter to file” as examples of “legal advice”
- “Section 110 . . . effectively restrict[s] ‘petition preparers’ to rendering only ‘scrivening/typing’ services.”
- “Congress was also concerned that debtors would be at the mercy of fly-by-night ‘typing mills’ that would lull the unsuspecting public into thinking that they had the expertise to offer valuable legal (or at least quasi-legal) bankruptcy assistance.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Leif M. Clark
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.