Local Rule RULE 2016-3: Disclosure of Compensation of Petition Preparers

RULE 2016-3 Disclosure of Compensation of Petition Preparers

(a) Required Forms. A person who provided petition preparation services as defined in 11 U.S.C. § 110 must provide to the debtor a copy of the Federal Bankruptcy Rule 2016(c) disclosure statement (Official Form B2800) and the Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Official Form B119) signed by the bankruptcy petition preparer for filing with the petition. The duty to sign and file Official Forms B2800 and B119 remains at all times with the bankruptcy petition preparer and, if the debtor does not file such forms, the bankruptcy petition preparer must sign and file Official Forms B2800 and B119 within fourteen (14) days after the petition date.

(b) Disclosures Concerning Fees. If the fees charged by the bankruptcy petition preparer exceed the fee amount set forth in subparagraph (c) below, the bankruptcy petition preparer must attach to Official Form B2800 a signed declaration providing notice to the debtor of this Rule and stating the rate for services, the tasks performed, the time spent on each task, and providing a short, plain statement justifying the excess fees.

(c) Presumption for Fees. For purposes of this Rule, a fee not exceeding $125.00 is presumed reasonable for bankruptcy petition preparation services.