§ 36.36     Notice by Bankruptcy Petition Preparer
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 36.36, at ¶ ____, LundinOnChapter13.com (last visited __________).
[1]

BAPCPA extensively amended § 110 of the Bankruptcy Code to more specifically and comprehensively regulate the activities of bankruptcy petition preparers.1 Among the amendments to § 110 is a requirement that a bankruptcy petition preparer provide to the debtor a new written notice before preparing any document:

(2)(A)Before preparing any document for filing or accepting any fees from a debtor, the bankruptcy petition preparer shall provide to the debtor a written notice which shall be on an official form prescribed by the Judicial Conference of the United States in accordance with rule 9009 of the Federal Rules of Bankruptcy Procedure.
(B) The notice under subparagraph (A)—
(i) shall inform the debtor in simple language that a bankruptcy petition preparer is not an attorney and may not practice law or give legal advice;
(ii) may contain a description of examples of legal advice that a bankruptcy petition preparer is not authorized to give, in addition to any advice that the preparer may not give by reason of subsection (e)(2); and
(iii) shall—
(I) be signed by the debtor and, under penalty of perjury, by the bankruptcy petition preparer; and
(II) be filed with any document for filing.2
[2]

The Advisory Committee on Bankruptcy Rules very quickly created a new Official Form 19B to satisfy the directive in § 110(b)(2)(A). New Official Form 19B is a notice to the debtor by the bankruptcy petition preparer that “must be filed with any document prepared by a bankruptcy petition preparer.”3 If a bankruptcy petition preparer has assisted the debtor in preparation of a Chapter 13 petition, an executed Official Form 19B must be filed with the petition. The new Official Form must be signed and dated by the debtor and contains a declaration under penalty of perjury that must be signed by the bankruptcy petition preparer.

[3]

The new form contains a nonexclusive list of examples of legal advice that a bankruptcy petition preparer is forbidden to give by § 110, as amended by BAPCPA.4 The new Official Form 19B notice makes reference to § 110(h), which authorizes the Judicial Conference of the United States to set a “maximum allowable fee chargeable by a bankruptcy petition preparer.”5 The new form states that the bankruptcy petition preparer has notified the debtor of the maximum allowable fee amount before preparing any document for filing or accepting any fee from the debtor. At this writing, the Judicial Conference of the United States has not acted to promulgate rules or guidelines with respect to the maximum allowable fee chargeable by a bankruptcy petition preparer.


 

1  11 U.S.C. § 110 is discussed i§ 4.2  Bankruptcy Petition Preparers.

 

2  11 U.S.C. § 110(b)(2). See § 4.2  Bankruptcy Petition Preparers.

 

3  Official Form 19B.

 

4  See Official Form 19B. 11 U.S.C. § 110, as amended by BAPCPA, is discussed in § 4.2  Bankruptcy Petition Preparers.

 

5  11 U.S.C. § 110(h)(1), discussed in § 4.2  Bankruptcy Petition Preparers.