Legal Opinion

Barry L. Taub v. Mark H. Weber, Acting United States Trustee for Region 18 Ilene J. Lashinsky, United States Trustee for Region 18

Court of Appeals for the Ninth Circuit

Decided May 5, 2004No. 02-36018PublishedCited by 17 opinions

1Opinion of the Court

McKEOWN, Circuit Judge.

This case arises out of an adversary proceeding by the United States Trustee (“Trustee”) against Barry Taub, a bankruptcy petition preparer. Applying Oregon law, the issue we decide is whether Taub engaged in the unauthorized practice of law by interpreting the terms “market value” and “secured claim or exemption” in connection with completion of bankruptcy forms. Here, Taub’s discretionary application of a legal principle took him far outside the role of a scrivener. We agree with the bankruptcy court and the district court that Taub engaged in the unauthorized…

2Cases cited8 opinions

  1. In Re: Laorphus Crawford, Debtor. Jack Ferm v. United States Trustee, in Re: Ibolya Rausch, Debtor. Jack Ferm v. United States TrusteeCourt of Appeals for the Ninth Circuit · 1999
  2. In Re Dennis & Gail Ann Villarie, Debtors. New York City Employees' Retirement System v. Dennis VillarieCourt of Appeals for the Second Circuit · 1981
  3. Oregon State Bar v. Security Escrows, Inc.Oregon Supreme Court · 1962
  4. United States Trustee v. Tank (In Re Stacy)United States Bankruptcy Court, D. Oregon · 1996
  5. In Re EsquivelUnited States Bankruptcy Court, E.D. Michigan · 1999

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. In Re Discipline of LernerNevada Supreme Court · 2008
  2. Jackson v. United Artists Theatre Circuit, Inc.District Court, D. Nevada · 2011
  3. In Re Kevin J. Doser in Re Laura E. Doser, Judith M. Scott v. United States TrusteeCourt of Appeals for the Ninth Circuit · 2005
  4. In Re RoseUnited States Bankruptcy Court, E.D. Tennessee · 2004
  5. Martini v. We the People Forms & Service Centers USA, Inc. (In Re Barcelo)United States Bankruptcy Court, E.D. New York · 2004

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