Page:United States Statutes at Large Volume 108 Part 5.djvu/646

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108 STAT. 4136 PUBLIC LAW 103-394—OCT. 22, 1994 under any category that includes the word 'legal' or any similar term. "(2) A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1). "(g)(1) A bankruptcy petition preparer shall not collect or receive any payment from the debtor or on behalf of the debtor for the court fees in connection with filing the petition. "(2) A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1). "(h)(1) Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a declaration under penalty of perjury disclosing any fee received from or on behalf of the debtor within 12 months immediately prior to the filing of the case, and any unpaid fee charged to the debtor. Courts. "(2) 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). "(3) The debtor, the trustee, a creditor, or the United States trustee may file a motion for an order under paragraph (2). "(4) A bankruptcy petition preparer shall be fined not more than $500 for each failure to comply with a court order to turn over funds within 30 days of service of such order. "(i)(l) 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— "(A) the debtor's actual damages; "(B) the greater of— "(i) $2,000; or "(ii) twice the amount paid by the debtor to the bankruptcy petition preparer for the preparer'services; and "(C) reasonable attorneys' fees and costs in moving for damages under this subsection. "(2) If the trustee or creditor moves for damages on behalf of the debtor under this subsection, the bankruptcy petition preparer shall be ordered to pay the movant the additional amount of $1,000 plus reasonable attorneys' fees and costs incurred. "(j)(l) A debtor for whom a bankruptcy petition preparer has prepared a document for filing, the trustee, a creditor, or the United States trustee in the district in which the bankruptcy petition preparer resides, has conducted business, or the United States trustee in any other district in which the debtor resides may bring a civil action to enjoin a bankruptcy petition preparer from engaging in any conduct in violation of this section or from further acting as a bankruptcy petition preparer. "(2)(A) In an action under paragraph (1), if the court finds that— "(i) a bankruptcy petition preparer has—