Gebhardt v. Palmer (In re Spence)

515 B.R. 369
CourtUnited States Bankruptcy Court, M.D. Florida
DecidedSeptember 8, 2014
DocketCase No. 3:11-bk-06680-JAF; Adv. Proc. No. 3:12-ap-00529-JAF; Case No.: 3:13-bk-00841-PMG
StatusPublished
Cited by2 cases

This text of 515 B.R. 369 (Gebhardt v. Palmer (In re Spence)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gebhardt v. Palmer (In re Spence), 515 B.R. 369 (Fla. 2014).

Opinion

Chapter 7

FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CONNECTION WITH FINAL JUDGMENT PERMANENTLY ENJOINING ROBERT V. PALMER AND ROBERT C. PALMER AS BANKRUPTCY PETITION PREPARERS, ASSESSING FINES, AND REQUIRING DISGORGEMENT OF FEES

Paul M. Glenn, United States Bankruptcy Judge

On March 7, 2014, the following matters came before the Court for final evidentiary hearing: (1) Motion for Sanctions and Disgorgement of Fees Against Bankruptcy Petition Preparer Robert C. Palmer d/b/a All Florida Legal Clinics (“Motion for Sanctions”; Dkt. No. 9 in Case No. 3:13-bk-00841-PMG); (2) Motion for Sanctions and Permanent Injunction Pursuant to 11 U.S.C. § 110 (“Motion for Contempt”; Dkt. 25 in Case No. 3:13-bk-00841-PMG); (3) Motion for Partial Judgment on the Pleadings as to Robert C. Palmer (“Motion for Judgment on the Pleadings”; Dkt. No. 53 in Adv. No. 3:12-00529-PMG) and (4) United States Trustee’s Amended Complaint for Disgorgement, Sanctions and In-junctive Relief Pursuant to 11 U.S.C. [372]*372§ 110 (“Amended Complaint”; Dkt. No. 6 in Adv. No. S:12-ap-00529-PMG). The hearing was attended by counsel for the United States Trustee (“UST”) and three witnesses, Heather Gardner1, Heather Edwards and Isaish Spence. The hearing was not attended by the Defendants.2 The Court finds that it has jurisdiction over these matters pursuant to 28 U.S.C. § 1334 and these are core matters pursuant to 28 U.S.C. § 157. Venue in this district and division is appropriate pursuant to 28 U.S.C. § 1409. Based upon the evidence and testimony presented at the hearing, the Court now makes the following findings of fact and conclusions of law.

I.Motion for Sanctions

A. Findings of Fact in Connection with Motion for Sanctions

1. On April 23, 2013, the UST filed the Motion for Sanctions. The Motion for Sanctions alleges that, in connection with the bankruptcy case of Heather Gardner, case number 3:13-bk-00841-PMG, Robert C. Palmer violated 11 U.S.C. § 110 by providing substandard services, advertising using the word “legal,” using a partially redacted Social Security number and providing legal services.

2. A hearing on the Motion for Sanctions was held on September 5, 2013. At the hearing, the Court found that there was no question of fact that Robert C. Palmer had acted as a bankruptcy petition preparer in the case, prepared documents for filing in the case, accepted compensation from Ms. Gardner, advertised using the word “legal” and used a partially redacted Social Security number. Accordingly, the Court ordered that Robert C. Palmer disgorge $400 to Ms. Gardner and pay $100 in fines to the UST within 14 days. The Court reserved ruling on whether Robert C. Palmer had provided legal services until the final evidentiary hearing on March 7, 2014. The Court’s ruling was reduced to an order on September 25, 2013. Therefore, fines and disgorgement were due no later than October 9, 2013 (Dkt. No. 22 in Case No. 3:13-bk-00841-PMG).

3. As of the evidentiary hearing on March 7, 2014, the only remaining issue in connection with the Motion for Sanctions was whether Robert C. Palmer had provided legal advice to Ms. Gardner.

4. As evidenced by the testimony of Ms. Gardner, the Court makes the factual finding that Robert C. Palmer did provide legal services to Ms. Gardner including the following: (1) The Court finds that Robert C. Palmer chose Ms. Gardner’s exemptions with no input from Ms. Gardner; (2) The Court finds that Robert C. Palmer assisted Ms. Gardner in determining which chapter of bankruptcy to file under; (3) The Court finds that Robert C. Palmer advised Ms. [373]*373Gardner concerning bankruptcy procedures, including the section 341 meeting; (4) The Court finds that Robert C. Palmer advised Ms. Gardner regarding the disc-hargability or non-dischargability of certain debts and (5) The Court finds that Robert C. Palmer advised Ms. Gardner to falsely represent on her bankruptcy schedules that she contributed toward her household expenses when, in fact, she did not. The Court farther finds that Robert C. Palmer’s advice to Heather Gardner to include false information on her bankruptcy schedules constitutes egregious conduct.

B. Conclusions of Law in Connection for Motion for Sanctions

5. Pursuant to 11 U.S.C. § 110(e)(2), a bankruptcy petition preparer may not offer a potential bankruptcy debt- or any legal advice. Pursuant to 11 U.S.C. § 110(e)(2)(B), prohibited legal advice includes whether “commencing a case under chapter 7, 11, 12 or 13 is appropriate ... ”, “whether the debtor’s debts will be discharged in a case under this title ...” and “whether the debtor will be able to retain the debtor’s home, car, or other property after commencing a case under this title....”

6. The Court concludes that Robert C. Palmer violated 11 U.S.C. § 110(e)(2) when he provided Heather Gardner with the following legal advice: (1) Robert C. Palmer assisted Ms. Gardner in determining which chapter of bankruptcy to file under; (2) Robert C. Palmer advised Ms. Gardner concerning bankruptcy procedures, including the section 341 meeting; (3) Robert C. Palmer advised Ms. Gardner regarding the dischargability or non-dischargability of certain debts and (4) Robert C. Palmer advised Ms. Gardner to falsely represent on her bankruptcy schedules that she contributed toward her household’s expenses when, in fact, she did not.

7. Pursuant to 11 U.S.C. § 110(Z), “[a] bankruptcy petition preparer who fails to comply with any provision of subsection (b), (c), (d), (e), (f), (g) or (h) may be fined not more than $500 for each such failure.”

[3] 8. Accordingly, the Court fines Robert C. Palmer an additional $500 fine payable to the UST. This amount is in addition to the $100 in fines and $400 in disgorgement previously ordered. In addition, the permanent injunction against Robert C. Palmer remains in full force and effect.

9. The Court shall enter a separate order consistent with these findings of fact and conclusions of law.

11. Findings of Fact and Findings of Law in Connection with Motion for Contempt

A. Findings of Fact in Connection with Motion for Contempt

10. As set forth above, on September 25, 2013, the Court ordered that Robert C. Palmer pay $100 in fines to the UST and disgorge $400 to Heather Gardner by no later than October 9, 2013 (supra ¶2).

11. As of October 28, 2013, Robert C. Palmer had not made the required disgorgement or paid the required fine.

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Cite This Page — Counsel Stack

Bluebook (online)
515 B.R. 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gebhardt-v-palmer-in-re-spence-flmb-2014.