IN RE JOHNSON
United States Bankruptcy Court, D. Maryland, Baltimore Division.
Filed: October 19, 2012.
92. Section 110(j)(2)(B) goes on to provide, however that if the Court finds that:
a. the bankruptcy petition preparer has continually engaged in the conduct described in § 110(j)(2)(A); and
b. an injunction merely prohibiting that conduct "would not be sufficient to prevent [the bankruptcy petition preparer's] interference with the proper administration of" the Bankruptcy Code,
the Court may enjoin the bankruptcy petition preparer from acting as a bankruptcy petition preparer. 11 U.S.C. § 110(j)(2)(B)
93. In this case, the Court does find that the Defendants have continually engaged in the conduct described in § 110(j)(2)(A) by, among other things failing to make required disclosures, using false identifiers, and holding themselves out as attorneys licensed to practice law. Therefore the Court finds it appropriate to and will enjoin the Defendants from acting as bankruptcy petition preparers. The specific terms of the injunction will be set forth in the judgment and order filed contemporaneously herewith.
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.