United States Trustee v. Coleman

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UNITED STATES BANKRUPTCY COURT

DISTRICT OF MASSACHUSETTS
WESTERN DIVISION
In re: PATRICIA ANN ALLOWAY, Chapter 13
Case No. 08-41582-JBR
DEBTOR
PHOEBE MORSE,
UNITED STATES TRUSTEE Ady. P. No. 08-4132-JBR
Adv. P. No. 08-1184-JBR
PLAINTIFF Adv. P. No. 08-1198-JBR
Adv. P. No. 08-1232-JBR
Consolidated Adversary Proceeding
V.
DAVID COLEMAN d/b/a MORTGAGE FINDERS
OF NEW ENGLAND,
DEFENDANT

FINAL JUDGMENT
In connection with the Court’s Memorandum of Decision of even date herewith and this
consolidated adversary proceeding being a core proceeding as to which this Court has
jurisdiction of the subject matter and the parties in accordance with 28 U.S.C. §§ 157(b) and
1334 and 11 U.S.C. §§ 105(a) and 110(j)(1), (2)(A) and (2)}(B):
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, is a bankruptcy petition preparer as defined

under 11 U.S.C. §§ 110 (a) (1);
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David

Coleman d/b/a Mortgage Finders of New England, has continually and intentionally engaged in

1

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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actions which constitute violations of 1] U.S.C. § 110 (b)(1), and is therefore, subject to the
maximum fine of $500 for each violation pursuant to 11 U.S.C. § 110 (1)(1);

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, has continually and intentionally engaged in
actions which constitute violations of 11 U.S.C. § 110(b)(2)(A) and (B)(i),(ii) and (iii)@) and (IN),
and is therefore, subject to the maximum fine of $500 for each violation pursuant to 11 U.S.C. §
110 (1);

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, has continually and intentionally engaged in
actions which constitute violations of 11 U.S.C. §§ 110 (c)(1), and 110 (c)(2), and is therefore,
subject to the maximum fine of $500 for each violation pursuant to 11 U.S.C. § 110 (1);

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, has continually and intentionally engaged in
actions which constitute violations of 11 U.S.C. § 110(d), and is therefore, subject to the
maximum fine of $500 for each violation pursuant to 11 U.S.C. § 110 (1);

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, has continually and intentionally engaged in
actions which constitute violations of 11 U.S.C. § 110(e)(2)(A), and is therefore, subject to the
maximum fine of $500 for each violation pursuant to 11 U.S.C. § 110 (1)(1);

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, has continually and intentionally engaged in

actions which constitute violations of 11 U.S.C. § 110(h)(2), and is therefore, subject to the

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maximum fine of $500 for each violation pursuant to 11 U.S.C. § 110 (1)(1);

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, has continually and intentionally engaged in
actions which constitute violations of 11 U.S.C. § 110 (1)(2)(D), and is therefore, subject to triple
the fines assessed for each violation of 11 U.S.C. §§ 110 (b), (c), (d), (e) and (h) pursuant to 11
U.S.C. § 110 (1)(1). The Defendant shall make payment of such fines totaling $34,500, in the
form of a certified check or a money order, to the Office of the United States Trustee, T.P.
O’Neill, Jr. Federal Building, Room 1184, 10 Causeway Street, Boston, MA 02222 and file a
declaration in this consolidated adversary proceeding executed under penalty of perjury which
evidences the amount of the fines paid to the Office of the United States Trustee and the manner
in which such payment was accomplished within sixty days of the date of this J udgment;

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, shall disgorge to Chapter 13 debtors, Susan
Whitney Lewis of 2544 Centerville Turnpike, Chesapeake, VA 23322, Cynthia M. Fernandes of
233 Caroline Street, New Bedford, MA 02740, Patricia Ann Alloway of 3 Louise Street,
Maynard, MA 01754, and Pamela Mahasin King of 54-56 Catawba Street, Roxbury, MA
02119, $1,000 each, payable in the form of a certified check or a money order, due to the
Defendant’s continuous and intentional failure to comply with each subsection of 11 U.S.C. §
110 per 11 U.S.C. § 110(h)(3)(B). The Defendant shall file a declaration in this consolidated
adversary proceeding executed under penalty of perjury which evidences the amount disgorged to
each Chapter 13 debtor and the manner in which such disgorgement was accomplished within

sixty days of the date of this Judgment;

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coleman d/b/a Mortgage Finders of New England, shall pay to Chapter 13 debtors, Susan
Whitney Lewis of 2544 Centerville Turnpike, Chesapeake, VA 23322, Cynthia M. Fernandes of
233 Caroline Street, New Bedford, MA 02740, Patricia Ann Alloway of 3 Louise Street,
Maynard, MA 01754, and Pamela Mahasin King of 54-56 Catawba Street, Roxbury, MA
02119, the sum of $2,000 each, in the form of a certified check or a money order, in that the
Defendant has continually and knowingly violated numerous subsections of 11 U.S.C. § 110 and
has committed fraudulent, unfair or deceptive acts as to each debtor per 11 U.S.C. § 110i). The
Defendant shall file a declaration in this consolidated adversary proceeding executed under
penalty of perjury which evidences the amount of the damages paid to each Chapter 13 debtor
and the manner in which such payment was accomplished within sixty days of the date of any
Judgment; and

IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Defendant, David
Coieman d/b/a Mortgage Finders of New England, has continually and intentionally engaged in
actions which violate 11 U.S.C. §§ 110(b), (c), (d), (e) and (h) and constitute the unauthorized
practice of law. An injunction which prohibits the Defendant from violating the various
provisions of section 110 is insufficient to prevent the Defendant’s interference with the proper
administration of Title 11. Only injunctive relief which bars the Defendant from acting as a
bankruptcy petition preparer will prevent injury to an unsuspecting public and alleviate the
burden on the bankruptcy court system. The Defendant and any person or entity acting in concert
with him is permanently restrained and enjoined from directly or indirectly: i) acting as a

bankruptcy petition preparer; and ii) soliciting, assisting, advising, providing legal guidance,

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advice, assistance, or consultation of any kind to any person in connection with the filing or

prosecution of any bankruptcy case or any document in any bankruptcy case, whether for a fee or

for free, in the District of Massachusetts including the preparation of documents for filing in

federal jurisdictions outside of the District of Massachusetts pursuant to 11 U.S.C. § 110G)(2)(A)

and (B).

Date: February 18, 2009
oel B. Rosenthal

United States Bankruptcy Judge