(1) Motion by Party in Interest.

(A) The debtor, a creditor, the trustee or the United States trustee may file a Motion that the Court Impose a Fine (11 U.S.C. § 110(b)-(g)). The motion shall be filed at the same time as notice is given. The motion shall be accompanied by a declaration under penalty of perjury or a request for

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judicial notice and copies of any documentary evidence supporting the motion. The moving party shall serve on the bankruptcy petition preparer, the debtor, the trustee, and the United States trustee, a Notice of Motion that the Bankruptcy Court Impose a Fine (11 U.S.C. § 110(b)-(g)), a copy of the motion, and all supporting evidence. Service may be made personally or by first class mail.

(B)

If the 15-day response period provided by Local Bankruptcy Rule 9013-1(g)(1) expires without the filing of any response, the moving party shall promptly lodge a proposed order. At the same time as the proposed order is lodged (and preferably rubber-banded or clipped to the order), the moving party also shall file a declaration attesting that no response was served upon the moving party, to which declaration shall be appended (as exhibits) copies of the motion, notice and proof of service of the notice and motion. These papers shall be accompanied by the necessary copies of the notice of entry for the order, together with the requisite addressed, stamped envelopes. The notices of entry shall provide for the service on the debtor, any trustee, the bankruptcy petition preparer, the United States trustee and counsel for any of the foregoing.

(C)

If a timely response and request for hearing is filed and served, the moving party shall schedule and give not less than 11 days’ notice of a hearing to those responding and to the United States trustee. Movant must act within 20 days from the date of service of the response to obtain a hearing date and give notice of it or the court may deny the motion without prejudice, without further notice or hearing. Briefs generally are not required for this motion. The court may decide in its discretion to dispense with oral argument, in which case the courtroom deputy will attempt to give the parties notice of the court’s intention to do so at least 24 hours prior to the hearing date.

(2) Motion by Court.

(A)

The court on its own motion may serve by first class mail a Notice of Intent to Impose a Fine (11 U.S.C. § 110(b)-(g)). The Notice of Intent will include a notice that the bankruptcy petition preparer has 20 days to file and serve a written opposition.

(B)

Bankruptcy petition preparer has 20 days from the date of mailing of the motion to file with the court and serve on the debtor, the trustee and the United States trustee a written opposition to the imposition of a fine. If no timely objection is received from the bankruptcy petition preparer, the court will review the facts before it and will determine whether a fine should be imposed and will enter an order on that determination.

(C)

If an opposition by the bankruptcy petition preparer is timely received, the judge will determine whether to hold a hearing. If a hearing is set, the court shall give notice thereof.

(c)

DAMAGE AWARDS TO DEBTORS (11 U.S.C. § 110(h))

(1)

The debtor, the trustee or a creditor may file a Motion that the Bankruptcy Court Certify to the District Court that the Preparer Engaged in Conduct for Which Damages Should be Awarded Under 11 U.S.C. § 110(h) (“Certification Motion”). The parties shall follow the same procedures as set forth in Section (b)(1) above. This motion may also be combined with a Motion to Impose a Fine.

(2)

If the court issues its order on the Certification Motion, the moving party shall obtain a transcript of the hearing (if any) and a copy of the record from the bankruptcy court and will file a Motion for Penalty Order (11 U.S.C. § 110(i)) in the district court attaching to the Motion all documents required by District Court General Order 96-3.

(3)

An order of the bankruptcy court denying the Certification Motion is a final order and subject to review by appeal.

(d)

INJUNCTIONS AS TO PREPARERS (11 U.S.C. § 110(j))

A party who seeks an injunction against the preparer as set forth in § 110(j) shall file an adversary proceeding in conformance with the rules governing adversary proceedings. The adversary proceeding shall be filed as a miscellaneous action in the name of the preparer rather than under the case designation of a debtor for which the preparer provided services.

(e) USE OF COURT APPROVED FORMS

To the extent that there are forms approved by the court for use in motions under 11 U.S.C. § 110, these shall be used by all parties unless otherwise ordered by the court.