Compensation of Petition Preparers

U.S. Bankruptcy Court for the District of Colorado

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Colorado

Rule: 2016-4

Jurisdiction: DCOB

Bluebook Citation: Bankr. D. Colo. R. 2016-4

(a) Disclosure of Compensation of Petition Preparer. Every bankruptcy petition preparer, as defined under 11 U.S.C. § 110(a)(1), who prepares a petition and/or related papers for filing a case for the debtor, must file with the petition and concurrently transmit to the United States Trustee and trustee assigned to the case, a disclosure of compensation in substantial conformity with the Disclosure of Compensation of Bankruptcy Petition Preparer, Director’s Procedural Form 2800. (b) Presumptively Reasonable Fee. The presumptively reasonable fee chargeable by a bankruptcy petition preparer in any case is $125.

(1) Motion Required for Additional Fees. Only a bankruptcy petition preparer may file a motion seeking fees in an amount greater than the $125 presumptively reasonable fee. The motion must be filed with an affidavit stating the facts that support the increase in fees. The affidavit must also include a statement that the debtor has reviewed the motion and affidavit.

The motion and affidavit must be filed within 14 days after the date of the filing of a petition, and served on the debtor, trustee, and the United States Trustee. (2) Sanctions. Any bankruptcy petition preparer who charges a fee in excess of the value of services rendered is subject to sanctions under 11 U.S.C. § 110, including, but not limited to, the disallowance and turnover of any fee found to be in excess of the reasonable fee.

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