Page:United States Statutes at Large Volume 119.djvu/79

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 61

(C) in paragraph (2), as so redesignated— (i) by striking ‘‘Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a’’ and inserting ‘‘A’’; (ii) by inserting ‘‘by the bankruptcy petition preparer shall be filed together with the petition,’’ after ‘‘perjury’’; and (iii) by adding at the end the following: ‘‘If rules or guidelines setting a maximum fee for services have been promulgated or prescribed under paragraph (1), the declaration under this paragraph shall include a certification that the bankruptcy petition preparer complied with the notification requirement under paragraph (1).’’; (D) by striking paragraph (3), as so redesignated, and inserting the following: ‘‘(3)(A) The court shall disallow and order the immediate turnover to the bankruptcy trustee any fee referred to in paragraph (2) found to be in excess of the value of any services— ‘‘(i) rendered by the bankruptcy petition preparer during the 12-month period immediately preceding the date of the filing of the petition; or ‘‘(ii) found to be in violation of any rule or guideline promulgated or prescribed under paragraph (1). ‘‘(B) All fees charged by a bankruptcy petition preparer may be forfeited in any case in which the bankruptcy petition preparer fails to comply with this subsection or subsection (b), (c), (d), (e), (f), or (g). ‘‘(C) An individual may exempt any funds recovered under this paragraph under section 522(b).’’; and (E) in paragraph (4), as so redesignated, by striking ‘‘or the United States trustee’’ and inserting ‘‘the United States trustee (or the bankruptcy administrator, if any) or the court, on the initiative of the court,’’; (9) in subsection (i)(1), by striking the matter preceding subparagraph (A) and inserting the following: ‘‘(i)(1) If a bankruptcy petition preparer violates this section or commits any act that the court finds to be fraudulent, unfair, or deceptive, on the motion of the debtor, trustee, United States trustee (or the bankruptcy administrator, if any), and after notice and a hearing, the court shall order the bankruptcy petition preparer to pay to the debtor—’’; (10) in subsection (j)— (A) in paragraph (2)— (i) in subparagraph (A)(i)(I), by striking ‘‘a violation of which subjects a person to criminal penalty’’; (ii) in subparagraph (B)— (I) by striking ‘‘or has not paid a penalty’’ and inserting ‘‘has not paid a penalty’’; and (II) by inserting ‘‘or failed to disgorge all fees ordered by the court’’ after ‘‘a penalty imposed under this section,’’; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ‘‘(3) The court, as part of its contempt power, may enjoin a bankruptcy petition preparer that has failed to comply with

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