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 LAW
57. 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