What kind of a Motion was filed against you? When was it file stamped?
Motion for disgorgement of fees, damages and fines
claiming I acted as a bankruptcy petition preparer
Can I send you my reply to motion?
Yes, send me a link. Would you mind telling me who filed this motion against you?
he motion is filed in BK courtTrail Attorney Michael Bujold filed the motion
attached is my response
CS FINANCIAL SOLUTIONS, INC.
545 N Mountain Ave Suite 209
Upland, CA 91786
Defendant in Pro Per
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
RONALD A GONZALEZ, SR. and
Case No.: 6:13-bk-16459-DS
MOTION TO DISMISS
TO THE HONORABLE DEBORAH J. SALTZMAN, UNITED STATES BANKRUTPCY JUDGE, THE DEBTORS, CELSIE SOLON, JENNY PEERZ, WEST VALLEY DOCUMENT SERVICE, INC., AND/OR CS FINANCIAL SOLUTIONS, INC.
Defendant hereby moves the Court to dismiss Plaintiff’s Complaint with prejudice. Celsie Solon is a Financial Consultant for CS Financial Solutions and not a bankruptcy petition preparer, therefore did not violate Section code 110. The bases for this Motion are set forth in the accompanying Memorandum of Points and the Declarations of Celsie Solon, Lorna Faamafoe and Raquel _______.
Dated this 12th day of June, 2013
Celsie Solon and
545 N Mountain Ave Unit209
Upland, CA 91786
MEMORANDUM IN SUPPORT
OF MOTION TO DISMISS
Celsie Solon a Financial Consultant for CS Financial Solutions is not a bankruptcy petition preparer. Celsie Solon is a financial consultant who offers money management advice to people and businesses. Most people employ consultants for guidance on how to reach long-term financial goals, which may include a debt management plan, investment advice, or developing a savings plan. Celsie Solon had no intent to practice law nor did she represent herself as an attorney. Celsie Solon, as a financial consultant, has successfully helped many clients review their finance which improved their financial needs and preserved their estate. As a financial consultant she retained fees to consult in foreclosure prevention and debit management. Solon never advised Debtor that a bankruptcy filing was necessary to obtain a loan modification. In reviewing their finance Solon advised Debtors that she was not an attorney that they can retain a Bankruptcy Attorney. Celsie Solon and CS Financial Solutions, Inc. did not violate Bankruptcy Code Sectinon 110, because they were retained as consultants and not as Bankruptcy Petition Preparers.
Celsie Solon is not a Bankruptcy Petition Preparer but works for a consulting firm that can charge for consulting fees. The Fees collected from Debtors were for Foreclosure Prevention and Debit Management. Since Celsie Solon and
CS Financial Solutions, Inc. did not collect fees for bankruptcy preparation they are not required to disclose that they there are (“BPP”) on the bankruptcy petition. Celsie Solon and/or CS Financial Solutions is not a (“BPP”) so damages that debtors are claiming should be voided because Celsie Solon did not act as a (“BPP”) but as a consultant. Celsie Solon is not a BPP so fines to the US trustee should also be voided because fraud did not occur.
For the reason stated above, Defendant’s Motion to Dismiss should be granted.
Dated this 12st day of June, 2013
Upland, CA 91786
do you want to see motion too?
Please give me a little more information such as who is filing this against you and why is it a Motion to Dismiss? I'm just trying to get all this straight as to why anyone cares if you prepare a petition for bankruptcy, etc.
I was trying to attach motion
But the back ground on this matter is a client of mine filed a bk petition
I was her financial consultant and advised that her that she needed to get out of debt
our office retained a paralegal to file a pro per bk petition
the attorney of the court is stating that myself, the company I represent the paralegal we retained (together) we acted as a Bankruptcy Petitioner Preparer.
If court agrees then I will be fined,
It is a motion to dismiss because if I can argue that I am not a BPP, but a consultant then all charges don't stand up
From the facts you gave me and the Motion and info I read, your Motion looks entirely appropriate. However, usually you file a Response to a Motion, or Answer to the Motion. Usually you do not file a Motion to get rid of another Motion. You can, however, call it whatever you want in reality. Your factual basis and form looks fine to me. I wouldn't change it, except perhaps to attach as Attachment A, B, C, etc. your retainer or contract you had (if you did), and any other documents to prove your points. Copies, of course, not original documents. Keep those for court. Please follow up with any questions.
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