William P. Miller, U.S. Bankruptcy Administrator v. Amro Elansari & The Law Lion, LLC (In re: Tawana Williams) (Adv. Pro. No. 21-02006)

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Memorandum Opinion Denying Motions to Dismiss. Bankruptcy Administrator commenced this adversary proceeding against Defendant because Defendant acted as a bankruptcy petition preparer. 11 U.S.C. § 110 does not violate the right to contract under the United States Constitution because Congress did not act arbitrarily when it enacted that section. Further, section 110 does not arbitrarily infringe on Defendant’s right to contract because Defendant prepared official forms, and there are safeguards, which Defendant did not take, that professionals must adhere to when completing forms on behalf of debtors. The Complaint includes sufficient facts to support claim for relief under § 110 because Defendant acted as a typist and freelance writer in connection with preparing bankruptcy petitions. Therefore, the Court denied both Motions to Dismiss. 

Date: 
Friday, April 22, 2022
Published: 
No
Index Heading: 
Petition Preparers
Affirmed: