IN RE JOHNSON
United States Bankruptcy Court, D. Maryland, Baltimore Division.
Filed: October 19, 2012.
c. the greater of (i) twice the amount the debtor paid the bankruptcy petition preparer, or (ii) $2,000.
11 U.S.C. § 110(i)(1).
85. No evidence was presented as to any damages suffered by any debtor or as to any attorneys' fees or costs incurred in connection with the United States Trustee's action and no such relief was requested. Therefore, the Court will not award any actual damages, attorneys' fees or costs.
86. Evidence was, however, presented as to the amount Ms. Johnson and each debtor identified in paragraph 52 above paid to Defendants. In each case $2,000 is more than twice the amount the debtors paid. Therefore, the Court is required to order the Defendants to pay Ms. Johnson as well as each debtor identified in paragraph 52 above $2,000 each for a total of $108,000.
87. The Defendants shall be jointly and severally liable for payment of this $108,000.
88. Rather than pay debtors directly, the Defendants shall provide to the United States Trustee, $2,000 for Ms. Johnson and $2,000 for each one of the debtors identified in paragraph 52 above, in the form of certified checks or other certified funds made payable to Ms. Johnson and to each of the debtors identified in paragraph 52 above. Upon receipt by the United States Trustee, the United States Trustee shall distribute those checks or other funds to Ms. Johnson and the debtors identified in paragraph 52 above.
89. In addition, the Defendants shall refund the $468 paid to them by Ms. Johnson pursuant to 11 U.S.C. § 110(h)(3) because (i) the entire fee charged in that case was excessive in light of Defendants' conduct with respect to that case and, (ii) because the Defendants failed to comply other provisions § 110, including §§ 110(b) and (c). The Defendants shall also be jointly and severally liable for this amount and this amount also shall be provided to the United States Trustee in the form of a certified check or other certified funds made payable to Linda D. Johnson. Upon receipt of said funds, the United States Trustee shall distribute them to Ms. Johnson.
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.