RICHARD STAIR, Chief Judge, Bankruptcy
For the reasons set forth in the Memorandum on Bankruptcy Petition Preparer Show Cause Orders and on Related Objection and Motion filed this date, the court directs the following:
1. The Respondent, Kristin Motley's, Motion for Certification of a Question to the Supreme Court of Tennessee filed by Kristin Motley on July 7, 2004, is DENIED.
2. Kristin Motley shall, within ten (10) days, disgorge funds received for her services in these eleven (11) Chapter 7 bankruptcy cases as follows:
A. She shall turn over $214.00 to William T. Hendon, Trustee of the bankruptcy estate of Michael Kenneth Rose, Case No. 04-31145.
B. She shall turn over $214.00 to Ann Mostoller, Trustee of the bankruptcy estate of Peggy Ann Buckner, Case No. 04-31270.
C. She shall turn over $214.00 to Ann Mostoller, Trustee of the bankruptcy estate of Clyde E. Steele, Case No. 04-31327.
D. She shall turn over $214.00 to Michael H. Fitzpatrick, Trustee of the bankruptcy estate of Douglas Ray Smith, Case No. 04-31499.
E. She shall turn over $214.00 to Sterling P. Owen, IV, Trustee of the bankruptcy estate of Ingrid Anna Lynch, Case No. 04-31700.
F. She shall turn over $214.00 to Sterling P. Owen, IV, Trustee of the bankruptcy estate of Heather Rhanae Barnette, Case No. 04-31701.
G. She shall turn over $214.00 to Sterling P. Owen, IV, Trustee of the bankruptcy estate of Claudia Sebring, Case No. 04-31752.
H. She shall turn over $214.00 to Dean B. Farmer, Trustee of the bankruptcy estate of Silia Jean Jackson, Case No. 04-31905.
I. She shall turn over $214.00 to Ann Mostoller, Trustee of the bankruptcy estate of Josh and Tracey Wiley, Case No. 04-32328.
J. She shall turn over $214.00 to Dean B. Farmer, Trustee of the bankruptcy estate of Johnny and Mary Richardson, Case No. 04-32423.
K. She shall turn over $214.00 to Michael H. Fitzpatrick, Trustee of the bankruptcy estate of Regina Ann Hance, Case No. 04-32550.
3. Kristin Motley shall certify the disgorgement of funds required under paragraph 2 above to the court within fourteen (14) days.
4. Kristin Motley shall be and hereby is permanently enjoined and prohibited from performing the following acts and services:
A. From providing customers with the Customer Packet consisting of a Bankruptcy Document Preparation Agreement, Chapter 7 Voluntary Petition Customer Information Workbook, Tennessee Step By Step Guide to the Bankruptcy Workbook,
Bankruptcy Overview — Chapter 7 Tennessee, Federal Bankruptcy Courts — Where to File Your Petition, and Tennessee Bankruptcy Exemptions.
B. From referring and/or recommending that customers desiring to file bankruptcy seek answers or advice from any attorney employed or used by We the People USA, We the People of Knoxville, and/or Kristin Motley.
C. From offering any verbal advice concerning how to fill out bankruptcy petitions, statements of financial affairs, and schedules, where to file, what exemptions are allowed, and any statutory references thereto.
D. From performing any services for her bankruptcy customers other than that of the typing of information obtained from the customers, taken from their completed, handwritten petition, statements, and schedules on the Official Forms.
E. From charging and receiving a fee of more than $50.00 for providing bankruptcy document preparation services to her customers.
F. From charging more than $10.00 for copying charges, provided that all customers shall be given the choice of whether to pay Kristin Motley for copies or whether to take their documents and make their own copies. The choice must be reflected in writing, with a separate acknowledgment and signature by each customer indicating his or her choice.
5. The court having determined that Kristin Motley has violated 11 U.S.C.A. § 110 (West 1994 Supp. 2004) and has committed fraudulent, unfair, and/or deceptive acts, as set forth in Part VI, Section C, at pages 67 through 74 of the accompanying Memorandum on Bankruptcy Petition Preparer Show Cause Orders and on Related Objection and Motion, that fact is certified to the United States District Court for the Eastern District of Tennessee for a determination of damages on motion of a debtor, trustee, or creditor, as provided by the statute. The clerk shall forward a copy of this Order and the Memorandum to the District Court.
SO ORDERED.