In Re Kevin J. Doser in Re Laura E. Doser, Judith M. Scott v. United States Trustee

We hold today that when enacting 11 U.S.C. § 110 , Congress acted within its power under Article I, section 8, clause 4 of the United States Constitution. We further hold that § 110 is not unconstitutionally vague or overbroad and that it does not violate the First Amendment. Finally, we affirm the bankruptcy court’s findings that Judith Scott violated § 110 by engaging in deceptive or unfair conduct and by charging excessive fees. However, we express no opinion on whether Scott engaged in the unauthorized practice of law, whether the unauthorized practice of law itself is a violation of § 110, or whether the unauthorized practice of law constitutes fraudulent, deceptive or unfair conduct under § 110.

I

BACKGROUND

A. Facts

Appellant Judith Scott is a franchisee of We The People Forms and Service Centers USA, Inc. (We the People or Franchisor). Scott is not an attorney, but is a bankruptcy petition preparer (BPP) within the meaning of 11 U.S.C. § 110 . Kevin and Laura Doser’s bankruptcy petition under Chapter 7 of the Bankruptcy Code was prepared by Scott. When a customer decides to use Scott’s services, the customer signs a “purchase order,” which the Dos-ers did. The customer…