In Re Kaitangian

How courts have described this case

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

• finding that the prohibition against misleading advertisements does not violate First Amendment rights, or “the right to pursue [defendant’s] chosen calling or profession” under the Equal Protection Clause
• “advising of available exemptions from which to choose ... requires the exercise of legal judgment beyond the capacity and knowledge of lay persons”
• “choosing an exemption for the debtor ... requires the exercise of legal judgment beyond the capacity and knowledge of lay persons” even if done using a pre-packaged bankruptcy program
• having found that the preparer had engaged in the unauthorized practice of law, ordering that “all fees received shall be disgorged as fruits of illegal and improper actions, irrespective of the quantum meruit value of such services”
• “[A]dvising of available exemptions from which to choose, or actually choosing an exemption for the debtor with no explanation, requires the exercise of legal judgment beyond the capacity and knowledge of lay persons.”
• preparer’s claim of ignorance of law or confusion with respect to violations is without merit

Source: CourtListener parenthetical corpus (CC0).