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Motion By Debtor That Court Disallow And Order Turnover Of Excessive Fee CCD-001 - California
| Motion By Debtor That Court Disallow And Order Turnover Of Excessive Fee Form. This is a California form and can be used in General Local USBC Central Federal . |
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Motion for Turnover of Fee - 5/95 1995 USBC, Central District of California UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA Attorney or Party Name, Address and Telephone Number FOR COURT USE ONLY BAR NO.: In re: CASE NUMBER CHAPTER Debtor Address: Debtor Social Security Number: Employer's Tax I.D. Number: MOTION BY DEBTOR, CREDITOR, TRUSTEE, U.S. TRUSTEE THAT THE COURT DISALLOW AND ORDER TURNOVER OF EXCESSIVE FEE PAID TO BANKRUPTCY PETITION PREPARER [11 U.S.C. § 110(h)] Moving party DEBTOR is CREDITOR TRUSTEE U.S. TRUSTEE in the above case and hereby applies to the Court for an order that the bankruptcy petition preparer turn over fees to the trustee and not collect any further fees in this case. Bankruptcy Petition Preparer: Name: Business Name: Address: Social Security Number: The basis of this motion as to the above Bankruptcy Petition Preparer is as follows: Within 10 days after the filing of the petition, the Bankruptcy Petition Preparer failed to file a declaration under penalty of perjury disclosing all fees received from or on behalf of the debtor within 12 months immediately prior to the filing and any unpaid fee charged to the debtor (§ 110(h)). The Bankruptcy Petition Preparer filed a declaration for fees received on behalf of the debtor, which states that the Bankruptcy Petition Preparer was paid $ by the debtor by on behalf of the debtor and was to receive $ from the debtor or on behalf of the debtor for the following work: BPP:Form 001 6/95 2002 © American LegalNet, Inc. CCD-001 Motion for Turnover of Fee - 5/95 Page 2 of 2 1995 USBC, Central District of California In re CASE NUMBER: Debtor CHAPTER preparation of documents constituting an incomplete bankruptcy petition filing preparation of a complete bankruptcy filing including schedules and statement of affairs preparation of a proposed plan under chapter 13 chapter 11 other (specify): Based on the following or attached evidence, it appears that the Bankruptcy Petition Preparer received fees on behalf of the debtor, in the amount of $ which was paid by the debtor by on behalf of the debtor and was to receive $ from the debtor or on behalf of the debtor for the following work: preparation of documents constituting an incomplete bankruptcy petition filing preparation of a complete bankruptcy filing including schedules and statement of affairs preparation of a proposed plan under chapter 13 chapter 11 other (specify): The movant hereby requests that the Court find this fee to be in excess of the value of the services rendered and that the Court order the Bankruptcy Petition Preparer to immediately turn over to the bankruptcy trustee: the full fee received the sum of $ . The movant hereby requests that the Court order the Bankruptcy Petition Preparer may not collect from the debtor, nor from anyone on behalf of the debtor, any portion of the unpaid fee agreed to by the debtor. The movant further requests that the Court order that the Bankruptcy Petition Preparer may not do any further legal work in the case and may not collect any further fee from or on behalf of this debtor. Dated: Movant Attach copies of any documents referred to and any declaration or other evidence in support of this motion. The motion is to be filed with the Court and served by first class mail on the Bankruptcy Petition Preparer along with the court approved notice of motion. Movant is to comply with General Order #95-03 Re: Bankruptcy Petition Preparers. BPP:Form 001 6/95 2002 © American LegalNet, Inc.
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