Legal Question in Bankruptcy in Pennsylvania
Bankruptcy Petition Preparers
What is the maximum allowable amount that a bankruptcy petition preparer can charge in the Western, Central, and Eastern Districts in Pennsylvania? I have scoured the Internet and all 3 of the Courts' web sites as well as the Bankruptcy Code and cannot find this information. Please advise.
1 Answer from Attorneys
Re: Bankruptcy Petition Preparers
11 U.S.C. section 110 at (h) (1) "The Supreme Court may promulgate rules under section 2075 of title 28 [28 USCS � 2075], or the Judicial Conference of the United States may prescribe guidelines, for setting a maximum allowable fee chargeable by a bankruptcy petition preparer. A bankruptcy petition preparer shall notify the debtor of any such maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor."
I can't find any mention of a nationwide guideline or one in the local rules of the U.S. Bankruptcy Court for the Eastern, Middle, or Western Districts of Pennsylvania. I did find one in a California District of $150.00. It was in the 9000 section of their rules.
The disclosure form at the U.S. Trustee's website for non-attorney bankruptcy petition preparers states that the preparer has notified the debtor of the maximum allowable fee if one has been determined. So it looks there haven't been any set for Pennsylvania yet. However, I would be very careful about going over $150.00 if I were a non-attorney bankruptcy petition preparer.
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