IN RE: STONE CASE NO. 96-50056
UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
IN RE: STONE
CASE NO. 96-50056
The court has considered the application from the debtors to pay the fees for filing this case in installments. It appears from the record that prior to the filing of this case the debtors paid a bankruptcy petition preparer, Martin P. McCubbins, 3113 Fern Valley Road, Suite 206, Louisville, Kentucky 40213, the sum of $145.00 for preparing the joint petition and schedules thereto. This payment is in violation of Rule 1006(b)(3) of the Federal Rules of Bankruptcy Procedure.
Accordingly, the said Martin P. McCubbins shall immediately refund the $145.00 to the debtors and the debtors shall, from the $145.00, remit to the clerk of the bankruptcy court the balance due on the filing fees in this case.
The court notes that section 110 of the Bankruptcy Code is not to be construed to permit the unauthorized practice of law. 11 U.S.C. § 110(k). It appears to the court that Martin P. McCubbins clearly is engaged in the unauthorized practice of law as defined by KRS 524.130 and Rule 3.020 of the Rules of the Supreme Court of Kentucky.
It is ordered that a copy of this order be served by mail on the parties shown below and that a copy of the record in this case be forwarded with the order to the Kentucky Bar Association.
By the court -
Joe Lee, Chief Judge
Quentine and Frances Stone
Martin P. McCubbins
James Lyon, Trustee
Kentucky Bar Association