Local Rule 9013-3: Motions Under 11 U.S.C. § 110(i)

Rule 9013-3 Motions Under 11 U.S.C. § 110(i)

(a) Motion.

(1) A matter brought by a debtor, trustee, or creditor against a bankruptcy petition preparer under § 110(i) of the Code is commenced by filing a motion with the Clerk of the Bankruptcy Court.

(2) The motion must specify: [A] Those provisions of § 110 of the Code alleged to have been violated; [B] The acts alleged to be fraudulent, unfair, or deceptive; and [C] The damages claimed.

(3) A motion brought under this rule is a contested matter governed by Rule 9014, Federal Rules of Bankruptcy Procedure.

(b) Response. Unless otherwise ordered by the court, the bankruptcy petition preparer against whom the matter is brought must serve and file a response within twenty-eight (28) days after the motion is served and filed.

(c) Denial by Bankruptcy Court.

(1) The Bankruptcy Court must deny the motion if it finds that: [A] Section 110(i) of the Code is not applicable; or [B] There is insufficient factual basis to support a finding that the bankruptcy petition preparer committed any act proscribed by § 110(i) of the Code.

(2) Denial of the motion under this subsection constitutes a final order.