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Tech Bankruptcy
April 12, 2008
  Getting Your Name in (LED) Lights
Judge Alan Jarolovsky of the Bankruptcy Court for the Northern District of California, recently decided to use the web to help give pro-se filers warning of a problematic bankruptcy petition preparer. In In re Monrean, he fined bankruptcy petition preparer John Hall Mayton for a number of transgressions including charging excessive fees, providing a false address to the court, and failing to appear at a show cause hearing.

To make sure other pro-se debtor's received fair warning of Mr. Mayton's standing with the court, Judge Jarolovsky's order also provided that "[t]he Clerk shall post a copy of this order on the court website in an Internet-searchable manner." And indeed it is.

I wonder if Judge Jaroslovsky googled Mr. Mayton himself. If he did, he might have found the following order, entered by the US District Court for the Eastern District of Virginia in December 2007.
ORDER granting 11 Motion for Default Judgment; entering judgment in favor of the U.S. Trustee; U.S. Trustee seeking to impose maximum fine of $43,500 on defendant; as defendant is likely unable to pay such fine, defendant John Hall Mayton shall only pay a fine of $1,000 to the U.S. Trustee, for deposit as directed in 11 USC Sec. 110(1)(4)(A); defendant shall immediately forfeit $375 in fees, and return them to the debtor, Teddy Lee Burns; defendant shall pay $2,000 in statutory damages to debtor; permanently enjoining defendant from acting as a bankruptcy petition preparer in the EDVA, and in every other district, jurisdiction, Bankruptcy Court, or District Court of the USA; enjoining defendant from engaging in fraudulent, deceptive, and/or unfair conduct; enjoining defendant from using a computer, internet website, or any other electronic means to conduct business in violation of 11 USC Sec. 110, etc.; enjoining defendant from unauthorized practice of law; all injunctive relief granted herein shall continue in full force until Mayton appears and presents evidence to this court for removal or amendment of the terms; payments shall be paid in certified funds within 30 days of entry of this order; failure to comply may result in additional monetary sanctions, fines, etc.; directing the Clerk to deliver copies of this order to counsel of record and directing the Clerk to deliver a copy of this order in PDF format to defendant at j_h14@hotmail.com and jomayt@aol.com. Signed by Judge Robert G. Doumar and filed on 12/13/07. (vwar, ) (Entered: 12/13/2007)
Or, perhaps this order, from a Texas bankruptcy court.

Thanks to Michael St. James for forwarding the order to me.


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Warren E. Agin is a partner in Swiggart & Agin, LLC, a boutique law firm in Boston, Massachusetts focusing on the needs of technology companies. Mr. Agin heads its bankruptcy department. The author of the book Bankruptcy and Secured Lending in Cyberspace (3rd Ed. West 2005), Mr. Agin also chaired the ABA's E-commerce and Insolvency Subcommittee from 1999 to 2005, co-chaired the Boston Bar Association's Internet and Computer Law Committee (2003-2005), and served on the American Bar Association's Standing Committee on Technology and Information Services (2008-2011). Mr. Agin currently co-chairs the Editorial Board of Business Law Today. A contributing editor to Norton Bankruptcy Law and Practice, 3d, and co-author of its chapter on intellectual property for the past fifteen years, he is author of numerous legal articles and addresses on topics of technology, internet and bankruptcy law.

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