Notes on 11 U.S.C. § 110 : US Code - Notes

Search Notes on 11 U.S.C. § 110 : US Code - Notes

(Added Pub. L. 103-394, title III, Sec. 308(a), Oct. 22, 1994, 108
Stat. 4135; amended Pub. L. 109-8, title II, Sec. 221, title XII,
Sec. 1205, Apr. 20, 2005, 119 Stat. 59, 194.)
REFERENCES IN TEXT
The Federal Rules of Bankruptcy Procedure, referred to in subsec.
(b)(2)(A), are set out in the Appendix to this title.
Paragraph (2), referred to in subsec. (h)(4), was redesignated as
par. (3) and repealed and a new par. (3) was added by Pub. L. 109-
8, title II, Sec. 221(8)(A), (D), Apr. 20, 2005, 119 Stat. 59. The
new par. (3) provides for court orders similar to those provided
for in former par. (2).
AMENDMENTS
2005 - Subsec. (a)(1). Pub. L. 109-8, Sec. 221(1), substituted
"for the debtor or an employee of such attorney under the direct
supervision of such attorney" for "or an employee of an attorney".
Subsec. (b)(1). Pub. L. 109-8, Sec. 221(2)(A), inserted at end
"If a bankruptcy petition preparer is not an individual, then an
officer, principal, responsible person, or partner of the
bankruptcy petition preparer shall be required to - " and added
subpars. (A) and (B).
Subsec. (b)(2). Pub. L. 109-8, Sec. 221(2)(B), added par. (2) and
struck out former par. (2) which read as follows: "A bankruptcy
petition preparer who fails to comply with paragraph (1) may be
fined not more than $500 for each such failure unless the failure
is due to reasonable cause."
Subsec. (c)(2). Pub. L. 109-8, Sec. 221(3)(A), designated
existing provisions as subpar. (A), substituted "Subject to
subparagraph (B), for purposes" for "For purposes", and added
subpar. (B).
Subsec. (c)(3). Pub. L. 109-8, Sec. 221(3)(B), struck out par.
(3) which read as follows: "A bankruptcy petition preparer who
fails to comply with paragraph (1) may be fined not more than $500
for each such failure unless the failure is due to reasonable
cause."
Subsec. (d). Pub. L. 109-8, Sec. 221(4), struck out par. (1)
designation before "A bankruptcy petition preparer shall" and
struck out par. (2) which read as follows: "A bankruptcy petition
preparer who fails to comply with paragraph (1) may be fined not
more than $500 for each such failure unless the failure is due to
reasonable cause."
Subsec. (e)(2). Pub. L. 109-8, Sec. 221(5), added par. (2) and
struck out former par. (2) which read as follows: "A bankruptcy
petition preparer may be fined not more than $500 for each document
executed in violation of paragraph (1)."
Subsec. (f). Pub. L. 109-8, Sec. 221(6), struck out par. (1)
designation before "A bankruptcy petition preparer shall not" and
struck out par. (2) which read as follows: "A bankruptcy petition
preparer shall be fined not more than $500 for each violation of
paragraph (1)."
Subsec. (g). Pub. L. 109-8, Sec. 221(7), struck out par. (1)
designation before "A bankruptcy petition preparer shall not" and
struck out par. (2) which read as follows: "A bankruptcy petition
preparer shall be fined not more than $500 for each violation of
paragraph (1)."
Subsec. (h)(1). Pub. L. 109-8, Sec. 221(8)(B), added par. (1).
Former par. (1) redesignated (2).
Subsec. (h)(2). Pub. L. 109-8, Sec. 221(8)(A), (C), redesignated
par. (1) as (2), substituted "A" for "Within 10 days after the date
of the filing of a petition, a bankruptcy petition preparer shall
file a", inserted "by the bankruptcy petition preparer shall be
filed together with the petition," after "perjury", and inserted at
end "If rules or guidelines setting a maximum fee for services have
been promulgated or prescribed under paragraph (1), the declaration
under this paragraph shall include a certification that the
bankruptcy petition preparer complied with the notification
requirement under paragraph (1)." Former par. (2) redesignated (3).
Subsec. (h)(3). Pub. L. 109-8, Sec. 221(8)(D), added par. (3) and
struck out former par. (3) which read as follows: "The court shall
disallow and order the immediate turnover to the bankruptcy trustee
of any fee referred to in paragraph (1) found to be in excess of
the value of services rendered for the documents prepared. An
individual debtor may exempt any funds so recovered under section
522(b)."
Pub. L. 109-8, Sec. 221(8)(A) redesignated par. (2) as (3).
Former par. (3) redesignated (4).
Subsec. (h)(4). Pub. L. 109-8, Sec. 221(8)(E), substituted "the
United States trustee (or the bankruptcy administrator, if any) or
the court, on the initiative of the court," for "or the United
States trustee".
Pub. L. 109-8, Sec. 221(8)(A) redesignated par. (3) as (4).
Former par. (4) redesignated (5).
Subsec. (h)(5). Pub. L. 109-8, Sec. 221(8)(A) redesignated par.
(4) as (5).
Subsec. (i)(1). Pub. L. 109-8, Sec. 221(9), inserted introductory
provisions and struck out former introductory provisions which read
as follows: "If a bankruptcy case or related proceeding is
dismissed because of the failure to file bankruptcy papers,
including papers specified in section 521(1) of this title, the
negligence or intentional disregard of this title or the Federal
Rules of Bankruptcy Procedure by a bankruptcy petition preparer, or
if a bankruptcy petition preparer violates this section or commits
any fraudulent, unfair, or deceptive act, the bankruptcy court
shall certify that fact to the district court, and the district
court, on motion of the debtor, the trustee, or a creditor and
after a hearing, shall order the bankruptcy petition preparer to
pay to the debtor - ".
Subsec. (j)(2)(A)(i)(I). Pub. L. 109-8, Sec. 221(10)(A)(i),
struck out "a violation of which subjects a person to criminal
penalty" after "any provision of this title".
Subsec. (j)(2)(B). Pub. L. 109-8, Sec. 221(10)(A)(ii),
substituted "has not paid a penalty" for "or has not paid a
penalty" and inserted "or failed to disgorge all fees ordered by
the court" after "a penalty imposed under this section,".
Subsec. (j)(3). Pub. L. 109-8, Sec. 221(10)(C) added par. (3).
Former par. (3) redesignated (4).
Subsec. (j)(4). Pub. L. 109-8, Sec. 1205, substituted "attorneys"
for "attorney's".
Pub. L. 109-8, Sec. 221(10)(B), redesignated par. (3) as (4).
Subsec. (l). Pub. L. 109-8, Sec. 221(11), added subsec. (l).
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109-8 effective 180 days after Apr. 20,
2005, and not applicable with respect to cases commenced under this
title before such effective date, except as otherwise provided, see
section 1501 of Pub. L. 109-8, set out as a note under section 101
of this title.
EFFECTIVE DATE
Section effective Oct. 22, 1994, and not applicable with respect
to cases commenced under this title before Oct. 22, 1994, see
section 702 of Pub. L. 103-394, set out as an Effective Date of
1994 Amendment note under section 101 of this title.
(!1) See References in Text note below.