IN RE: QUENTINE T. STONE CASE NO. 96-50056
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF KENTUCKY
QUENTINE T. STONE CASE NO. 96-50056
FRANCES R. STONE
a/k/a Frances R. Daugherty
This case came on before the court on August 26, 1996, pursuant to an order entered by the court on its own motion, for the purpose of determining whether Martin P. McCubbins, ID No. XXX-XX-9580, the petition preparer who prepared the joint petition of the debtors in this case, has satisfied the judgment of $425.90 for punitive damages assessed against him by this court in favor of the debtors. See Memorandum Opinion of this court entered on April 8, 1996 and Judgment entered on May 2, 1996.
Present at the hearing on August 26, 1996 were the debtors and James Lyon, Trustee. Mr. McCubbins did not appear.
The debtor, Quentine T. Stone, after being duly sworn, testified that Mr. McCubbins has not paid the aforementioned judgment and has not been in contact with the debtors.
Accordingly, the court finds that the said Martin P. McCubbins should be and hereby is enjoined from preparing bankruptcy petitions for debtors for filing in this district. The said Martin P. McCubbins is presently barred from preparing bankruptcy petitions and pleadings for filing in the U.S. Bankruptcy Court for the Western District of Kentucky. See opinion by Judge David T. Stosberg in Bankruptcy Case Nos. 94-33017(3)7 and 94-33018(3)7, U.S. Bankruptcy Court, Western District of Kentucky and opinion of Senior Judge Charles M. Allen in Civil Actions No. 3:95CV-297-A and 3:95CV-298-A, U.S. District Court, Western District of Kentucky.
The said Martin P. McCubbins is also barred from preparing for filing any pleadings or documents in cases for debtors who have previously filed in this court petitions prepared by the said Martin P. McCubbins.
This injunction barring the said Martin P. McCubbins from preparing bankruptcy petitions and pleadings for debtors for filing in the U.S. Bankruptcy Court for the Eastern District of Kentucky extends to any bankruptcy petition preparer operating under an assumed or corporate name with which the said Martin P. McCubbins is associated.
By the court -
JOE LEE, CHIEF JUDGE
Martin P. McCubbins
James D. Lyon, Esq.