In re Branch
Opinion
Lead Opinion
Sargis, J.
MEMORANDUM OPINION AND DECISION
This Contested Matter (“Motion”) commenced by the U.S. Trustee requests an order requiring David L. Bryant (“Bryant”) to: (1) disgorge fees received as a bankruptcy petition preparer, (2) pay fines for his conduct as a bankruptcy petition preparer, and (3) grant the Debtor, Frances E. Branch (“Branch”), statutory damages in connection with services provided to Branch in this bankruptcy case. This Motion focuses on the business of Bryant which provided loan modification services to Branch for three loans secured by real property. It is asserted that these services included Bryant preparing documents for Branch to file with the United States Bankruptcy Court.
The court finds (1) that Bryant is a bankruptcy petition preparer as defined in 11 U.S.C. § 110 (a), (2) that Bryant has not complied with the requirements of 11 U.S.C. § 110 (b) in this case, and (3) based on such noncompliance, the disgorgement of fees, imposition of fines, and awarding of statutory damages is proper. No request for, or evidence of, actual damages suffered by Branch has been made to the court as part of this Motion.