United States Ninth Circuit

In an appeal arising from an adversary proceeding initiated by the U.S. Trustee in a bankruptcy case, a judgment against a seller of web-based software that prepares bankruptcy petitions is affirmed where the bankruptcy appellate panel correctly found that the seller had committed fraudulent, unfair, or deceptive conduct, and had engaged in the unauthorized practice of law. In a question of first impression in the Ninth Circuit, a software-provider may qualify as a bankruptcy petition preparer under 11 U.S.C. section 110(a)(1).

Appellate Information

• Decided 02/27/2007
• Published 02/27/2007

Judges

• Before B. FLETCHER and MARSHA S. BERZON, Circuit Judges, and DAVID G. TRAGER , District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• M. Jonathan Hayes, Woodland Hills, California, for the defendants-appellants., Catherine Y. Hancock (argued) and I. Glenn Cohen, Appellate Staff, U.S. Dept. of Justice Civil Division, Washington, DC, for the plaintiff-appellee.