Narrative Opinion Summary
The case addresses the determination of reasonable fees for a bankruptcy petition preparer, Stacey Burnworth, who worked on consumer Chapter 7 cases for Ms. Landry and Mr. and Mrs. Pearson. The United States District Court for the Middle District of Florida remanded the case for an independent evaluation of fees under Section 110 of the Bankruptcy Code. The Court found that Burnworth, acting as a non-attorney, exceeded her permissible role by providing unauthorized legal advice, which disqualified her from receiving compensation for those actions. Her tasks were restricted to secretarial services, specifically transcribing information provided by debtors without offering any legal guidance. The Court concluded that a reasonable fee for such services is $112.50 per case, based on an estimated time of one and a half hours at a rate of $75 per hour. Consequently, Burnworth was ordered to refund the excess amounts paid by the debtors. The decision underscores the limitations on non-attorney petition preparers and aligns their compensation with the scope of permissible tasks.
Legal Issues Addressed
Limitations on Bankruptcy Petition Preparers' Taskssubscribe to see similar legal issues
Application: The court emphasized that petition preparers should limit their tasks to transcription services and cannot improve answers or provide legal counsel.
Reasoning: A bankruptcy petition preparer is restricted by Section 110 to offer only transcription services for pro se debtors, meaning they may transcribe dictated or handwritten notes made by the debtor before engaging the preparer.
Reasonable Fees for Bankruptcy Petition Preparerssubscribe to see similar legal issues
Application: The court determined reasonable compensation for bankruptcy petition preparers based on the estimated time for secretarial tasks and the average hourly rate for paralegals.
Reasoning: Consequently, Ms. Burnworth is entitled to $112.50 for her services in each case, calculated based on one and one-half hours at $75.00 per hour.
Refund of Excessive Feessubscribe to see similar legal issues
Application: Ms. Burnworth was ordered to refund the excess fees collected from the debtors as her compensation exceeded the reasonable amount determined by the court.
Reasoning: She must refund the debtors the overpaid amounts: $162.50 to Ms. Landry and $137.50 to Mr. and Mrs. Pearson.
Scope of Services for Bankruptcy Petition Preparerssubscribe to see similar legal issues
Application: Bankruptcy petition preparers are restricted to providing secretarial services and cannot offer legal advice or assist in legal determinations.
Reasoning: The permissible services of a bankruptcy petition preparer are limited; they cannot provide legal advice or assist in legal determinations, such as advising on bankruptcy types or exemptions.
Unauthorized Practice of Law by Non-Attorneyssubscribe to see similar legal issues
Application: Acts such as reviewing credit reports and interpreting legal texts constitute unauthorized legal advice, which disqualifies petition preparers from seeking compensation for such time.
Reasoning: The Court emphasized that these actions constituted unauthorized legal advice, which disqualified her from seeking compensation for that time.