IN RE JOHNSON
United States Bankruptcy Court, D. Maryland, Baltimore Division.
Filed: October 19, 2012.
56. The Defendants engaged in the unauthorized practice of law by providing legal advice and by drafting legal motions, including the Motion to Reconsider.
CONCLUSIONS OF LAW57. The Court has subject matter jurisdiction over this proceeding pursuant to 28 U.S.C. § 1334, 28 U.S.C. § 157(a), and Local Rule 402 of the United States District Court for the District of Maryland. This proceeding is a "core proceeding" under 28 U.S.C. § 157, in which the bankruptcy court can enter a final order.
58. Section 110(a) of the Bankruptcy Code defines a "bankruptcy petition preparer" as "a person, other than an attorney for the debtor or an employee of such attorney under the direct supervision of such attorney, who prepares for compensation a.... petition or any other document ... for filing by a debtor in a United States bankruptcy court or a United States district court in connection with a [bankruptcy case]." 11 U.S.C. §§ 110(a)(1), 110(a)(2).
59. The Defendants are bankruptcy petition preparers as defined by § 110(a) of the Bankruptcy Code.
60. Section 110 of the Bankruptcy Code requires that a bankruptcy petition preparer that prepares a document for filing in the bankruptcy court or district court disclose certain information on each such document. Among other information, a bankruptcy petition preparer must disclose on each document the bankruptcy petition preparer prepares for filing:
a. The bankruptcy petition preparer's name or, if the bankruptcy petition preparer is not an individual, the name of an officer, principal, responsible person, or partner of the bankruptcy petition preparer (see 11 U.S.C. § 110(b)(1)); and
1. Congress has provided that "[t]he United States trustee may raise and may appear and be heard on any issue in any case or proceeding" under Title 11 of the United States Code (the "Bankruptcy Code"). 11 U.S.C. § 307. Additionally, various paragraphs of § 110 of the Bankruptcy Code specifically provide that the United State Trustee may bring actions to redress the misconduct alleged in this case. See, e.g., 11 U.S.C. §§ 110(i)(1), 110(J)(1).
2. The term "debtor" is defined by the Bankruptcy Code as a "person ... concerning which a case under [the Bankruptcy Code] has been commenced." 11 U.S.C. § 101(13). For purposes of these Findings, the Court applies that same definition.
3. At the hearing on this matter, the Assistant United States Trustee testified that Mancini admitted to him that the social security number listed on these documents was not Mancini's social security number but that Mancini claimed the numbers were tax identification numbers assigned to him or his businesses. However, the Assistant United States Trustee also testified that his own investigation indicated that the numbers were actually social security numbers issued to individuals living outside of Maryland. There was no evidence presented as to the identity of these individuals or that these individuals were aware that Mancini had used their social security numbers.