In re Acevedo, No. 13-12-11819 SS, 2012 WL 2062399, at *3–*4 (Bankr. D.N.M. June 7, 2012) (Starzynski)

Proof of good faith for § 362(c)(3)(B) purposes included that debtors were tricked into filing Chapter 13 petition by a bankruptcy petition preparer or by a person misrepresented to be an attorney; that dismissal of prior case was caused by negligence of bankruptcy petition preparer; and that debtors now have second job that is a substantial change in financial circumstances. “[Debtor] received a telephone message from ‘Triton,’ that apparently offered assistance with his foreclosure problem. Mr. Acevedo had never heard of Triton before, but called them back to see if they could help him. He believed that they were a group of lawyers, and learned that if he paid them $1000 they would help save his house. He sent them the $1000. In return, he received a fax transmission with ‘papers’ he had to deliver to the bankruptcy court with a $281 fee to stop the foreclosure. He did. . . . [H]e later learned the documents were not correct and were incomplete . . . . Mr. Acevedo . . . did not realize he had hired a bankruptcy petition preparer, did not know what that was, and was adamant that he had hired Triton attorneys to save his house. . . . [T]he failures were totally out of ignorance and misplaced trust in a bankruptcy petition preparer that represented himself as an attorney and swindled Mr. Acevedo out of $1000.”

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