IN RE PEREZ

STAN BERNSTEIN, Bankruptcy Judge

The debtor filed a chapter 13 petition on September 27, 2002. A Motion to Vacate the Automatic Stay was filed by America's Servicing Company (ASC's) on September 24, 2004 (Motion). The debtor filed an opposition to the Motion on October 14, 2004 (Opposition). A hearing was held on November 16, 2004, at which the Court received testimony as to the identity of the person or persons who assisted the debtor in preparing the Opposition to ASC's Motion. Amin Khalil Hussain-El (Hussain-El), the debtor's former bankruptcy counsel, appeared and testified on his own behalf at the hearing. Hussain-El acknowledged that he prepared and physically "typed" the Opposition based on the debtor's representations and the proof of payment the debtor provided. Hussain-El argued that he merely acted as a typing service, similar to the services performed by a bankruptcy petition preparer, and therefore was not practicing law.

Section 110 of the Bankruptcy Code sets forth a detailed and comprehensive list of regulations a bankruptcy petition preparer must follow. The most relevant sections include:

(b)(1) A bankruptcy petition preparer who prepares a document for filing shall sign the document and print on the document the preparer's name and address.

(2) A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the [failure is due to reasonable cause. . . .]

(c)(1) A bankruptcy petition preparer who prepares a document for filing shall place on the document, after the preparer's signature, an identifying number that identifies the individuals who prepared the document.

(2) For purposes of this section, the identifying number of a bankruptcy petition preparer shall be the Social Security account number of each individual who prepared the document or assisted in its preparation.

(3) A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause. . . .

(i)(1) If a bankruptcy case or related proceeding is dismissed because of the failure to file bankruptcy papers, including papers specified in section 521 (10 of this title, the negligence or intentional disregard of this title or the Federal Rules of Bankruptcy Procedure by a bankruptcy petition preparer, or if a bankruptcy petition preparer violates this section or commits any fraudulent, unfair, or deceptive act, the bankruptcy court shall certify that fact to the district court, and the district court on motion of the debtor, the trustee, or a creditor and after a hearing, shall order the bankruptcy petition preparer to pay to the debtor;

(A) the debtor's actual damages;

(B) the greater of —

(i) $2,000; or

(ii) twice the amount paid by the debtor to the bankruptcy petition preparer for the preparer's services; and

(C) reasonable attorneys' fees and costs in moving for damages under this subsection

(2) If the trustee or creditor moves for damages on behalf of the debtor under this subsection, the bankruptcy petition preparer shall be ordered to pay the movant the additional amount of $1,000 plus reasonable attorneys' fees and costs incurred.

This Court has examined the debtor's Opposition and has been unable to find the name of Hussain-El printed any where on the document nor a number identifying Hussain-El has the person preparing the document. Based on the foregoing, it is

ORDERED that the Amin Khalil Hussain-El shall appear at a hearing to be held on April 19, 2005 at 10:00 a.m. at

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK LONG ISLAND FEDERAL COURTHOUSE 290 FEDERAL PLAZA, ROOM 860, CENTRAL ISLIP, NY 11722

IT IS FURTHER ORDERED that the Amin Khalil Hussain-El shall show cause why this Court should not impose $1000 in sanctions under 11 U.S.C. § 110(b)(1) and (c)(1) for acting as a bankruptcy petition preparer without complying with the regulations of said paragraphs and why this Court should not certify this matter to the district court for additional sanctions under 11 U.S.C. § 110(h)(1). IT IS FURTHER ORDERED that the Clerk shall serve a copy of this Order on the Office of the U.S. Trustee (Attn: Stan Y. Yang, Esq.), Michael J. Macco, Esq., the Chapter 13 trustee, and any other party in interest in this case, including all scheduled creditors. If any served party wishes to move separately or join in this matter, it shall file an affidavit to that effect within 10 days of the above scheduled hearing, serving Hussain-El and all other interested parties with a copy of the affidavit.