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.