Download La derrotabilidad del derecho by Agustin A. Pérez Carrillo PDF

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By Agustin A. Pérez Carrillo

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110(g)(1). C. § 110(g)(1), BPPs still must be extremely concerned about the unauthorized practice of law (UPL), since that Act specifically states that it doesn’t change existing law in that area. He counsels IPs to particularly watch out for trustees who ask people filing bankruptcy how they decided which exemptions to pick. If your customer replies, I read about exemptions in a book such as How to File for Chapter 7 Bankruptcy, by Elias, Renauer, and Leonard (Nolo), there is no problem. But if the customer says the bankruptcy petition preparer told her which ones to choose, that’s considered the practice of law and makes the independent paralegal vulnerable to UPL charges.

The court explicitly states that the legislature may aid the court’s inherent power to define the practice of law and determine who may practice, but the legislature must abide by the court’s standard. The court points out that it has not interfered with a number of legislative acts that, in effect, carved out exceptions to the practice of law because they constituted a response to a public need. In other words, while theoretically the Rhode Island legislature’s power to regulate state administrative proceedings is second to the courts, in practice, the court will not upset the legislature’s decision if it agrees with the public policy being advanced.

110(g)(1), adopted in 1994, recognizes the occupation of Bankruptcy Petition Preparer (BPP). It also establishes technical rules as to how a BPP can operate his business. 13 So far so good. But unfortunately, there are some less attractive aspects of this law. They include: • Fee caps. The act allows bankruptcy courts to establish a “fair price” for preparing bankruptcy forms. In most locations, BPPs are allowed to charge between $125 and $200. A few courts are more restrictive and some are more liberal.

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