IN RE FINCH (Bankr.M.D.Tenn. 2004)

Page 2

LINDA MARIE SMITH, Debtor. ROBERT H. WALDSCHMIDT, Trustee Plaintiff v. LINDA MARIE SMITH Defendant/Third-Party Plaintiff v. VINCENT GOULD, SHANNON GOULD, AND WE THE PEOPLE Third-Party Defendants. ANTOINETTE INMON, Debtor. RICHARD F. CLIPPARD, UNITED STATES TRUSTEE, Plaintiff v. VINCENT GOULD, D/B/A WE THE PEOPLE FORMS AND SERVICE CENTER OF NASHVILLE, WE THE PEOPLE FORMS AND SERVICE CENTERS USA, INC., AND JOHN DAVID MOORE, Defendants.

Case No. 303-12952 Honorable Keith M. Lundin, Adversary Number: 303-0918A, Case No. 303-12945 Honorable George C. Paine, II, Adversary Number: 303-0916A, Case No. 303-13537 Honorable George C. Paine, II, Adversary Number: 303-0915A, Case No. 303-09111 Honorable Marian F. Harrison, Adversary Number: 303-0475A.United States Bankruptcy Court, M.D. Tennessee.
October 6, 2004

ORDER
GEORGE PAINE, Chief Judge, Bankruptcy

In accordance with the Memorandum filed contemporaneously herewith, the court finds that Shannon Gould, Vincent Gould and We the People Nashville each be

Page 3

sanctioned for violations of sections 110(f) and (g), at the maximum of $500 for each violation: (1) a total of $1,500 jointly and severally against Vincent Gould, Shannon Gould and WTP Nashville for three separate violations of § 110(f); (2) a total of $1,500 against Vincent Gould, Shannon Gould and WTP Nashville, jointly and severally, for three separate violations of § 110(g); and (3) and because the court also finds that the fees paid by the debtors were excessive pursuant to section 110(h), the court orders all fees paid by the debtors to the third-party defendants be turned over to the trustee immediately pursuant to section 110(h)(2).

The factual and legal findings are hereby CERTIFIED to the United States District Court for the Middle District of Tennessee. The court recommends that Shannon Gould, Vincent Gould and We the People Nashville be sanctioned for their numerous section 110(i) violations and that the debtors’ be awarded their damages, including the costs and attorney fees for having to defend the trustee’s section 727 adversaries pursuant to section 110(i)(1)(A); that the debtors be awarded $2000 under section 110(i)(1)(B), and that the debtors receive reasonable attorney fees and costs for the prosecution of this action against the third-party defendants pursuant to section 110(i)(1)(C).

The court also finds, in accordance with the Memorandum filed contemporaneously herewith that: (1) all proceedings against John David Moore are dismissed; (2) Vincent Gould d/b/a We the People Forms and Service Center of Nashville and We the People From and Service Centers USA, Inc. are sanctioned as follows for their various § 110 violations:

Page 4

Section 110(b)(1) No Fine $4,000 for eight separate
(c)(1) violations (fined at
maximum $500 per
violation)

Section 110(f)(1) $3,500 for seven separate $3,500 for seven separate
violations (fined at violations (fined at
maximum of $500 per maximum of $500 per
violation) violation)

Section 110(g)(1) No Fine No Fine

Section 110(h) Disgorge and Turnover all Disgorge and Turnover all
but $30 of fee as but $30 of fee as
excessive excessive

Section 110(i) and (k) Damages to be set by the Damages to be set by the
United States District United States District
Court Court

Section 110(j) Injunction to Issue as Set Injunction to Issue as Set
Forth Above Forth Above

and; (3) finally, the court enjoins the Inmon defendants as particularly described in the Memorandum Opinion.

This matter is CERTIFIED to the United States District Court for the Middle District of Tennessee for further § 110(i) matters. Under section 110(i), upon motion of the debtor, trustee or a creditor, the district court shall order the payment of damages following a hearing.[1]

It is therefore so ORDERED.

Page 1