In re: William K. Harrington, U.S, Court:UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT, Case # 19-10010 Adversary Proceeding # 19-01003. 1 In general . LEXIS 4655 at *21, 2012 WL 4659873 at *8. Overview. Multiple lawsuits were filed against the Debtor and its principals for serious wrongdoings. She vigorously prepared all aspects of their cases from investigation to depositions to trials. The maximum fine of $500 for each violation is particularly appropriate here because this case is part of a series of cases in which the Synergy Defendants have failed to disclose their identity under 110 and, in some cases, they even instructed debtors to hide their involvement. Even the entity names - Synergy Law, LLC, and Synergy Attorney Services, LLC - suggest the Synergy Defendants provided legal services. There were no appearances on behalf of the Synergy Defendants. at doc. Since 2011, Omar Saleh, Esq. As a matter of policy, BBB does not endorse any product, service or business. Service of the summons and complaint in this adversary proceeding is governed by Rule 7004, which states, in relevant part: Here, the UST effectuated proper service upon all of the Synergy Defendants, except for Georgia Myers. He is a liar and a total joke. Since joining the firm, Omar has provided a wide range of real estate and other civil litigation matters including foreclosure defense, business and personal litigation, and continues to advocate for clients with debt defense and consumer bankruptcy issues. Synergy Law and Synergy Services further misrepresented to Attorney Katz and the Debtor that they would prepare all the necessary bankruptcy documents. # 18-05004 (D. Kan. Feb. 27, 2018) ($10,000); accord Shippy, 2019 Bankr. # 18-05126 (Bankr. 101(12A). Several of the subsections require a bankruptcy petition preparer to make certain disclosures. ROBERT L. MELLINGER, P.A. # 13). # 1, pp. Brown United States Bankruptcy Judge, MEMORANDUM OF DECISION GRANTING IN PART, DENYING IN PART, AND STAYING IN PART THE U.S. the General manager said Hollywood Florida, Patsy Ward Hollywood Public Defender Patsy Ward is railroading a disabled autistic child to prison Los Angeles California, Regal Keto Shark Tank Regal Keto Diet Pills Reviews This weight is usually regained quickly once you go off the cleanse. Synergy Law and Synergy Services did not advertise themselves as a debt relief agency (id. Defendant TAS, LLC provided lead services to the Debtor and supposedly played an integral role in the mortgage relief scam perpetrated by Synergy. at doc. All docket citations hereafter refer to the instant adversary proceeding # 19-01003, unless otherwise indicated. # 1). In its complaint, Trustee Marc E. Albert alleges that TAS operated deceptive websites that attempted to gather leads from consumers seeking mortgage loan modifications through various mortgage modification companies including, Synergy. Proc. In exercising their discretion to impose a civil penalty that sufficiently deters the offending conduct, courts have imposed penalties in varying amounts. The Debtor's motion also stated Attorney Katz had been unaware of Synergy Law's fraudulent actions at the time this case was filed and moved to withdraw as Debtor's counsel as soon as he learned of Synergy Law's misconduct (id.). According to its schedules, Debtor had received $2.7 million in income and fees from thousands of homeowners who were promised mortgage assistance during the year before it filed bankruptcy. See 11 U.S.C. D.N.M. According to the complaint, the mortgage relief scam falsely promised loan modifications to financially distressed homeowners. While his volunteer work and entrepreneurial spirit play a major role in his life, Chad's success as the founder of Van Horn Ellen Pilelsky, Esq. Contact. Accordingly, the Trustee argues that all of this adds up to an insider relationship and subjects TAS to heightened scrutiny and a longer 1-year look-back period. 110, 526, and 528, stemming from Synergy Law's alleged infractions as a debt relief agency and bankruptcy petition preparer and its willful failure to disclose its Need to file a complaint? Average of 2 Customer Reviews Contact. Call for a free consultation. Make your practice more effective and efficient with Casetexts legal research suite. Ms. Ashley Buchanan, Office Administrator. 6, 13), and did not provide a copy of the Petition Documents to the Debtor at the time of signature (doc. On June 21, 2019, the Court held a hearing on the Motion, at which Amy Ginsberg, Esq., appeared on behalf of the UST, and Sheldon Katz, Esq., appeared on his own behalf. # 1, 56-57), and Defendant Scott Marinelli similarly represented Synergy Law as his law firm (id. ## 1, 4). Proc. Foreclosure Abuse Protection Act. The Court further finds these fines must be tripled pursuant to 110(l)(2), for total fines in the amount of $27,000. $4000 later! at 32, 56-57, 118-19, 130-31). 2009). Cherry valley New York, Rustys Rod Shop Rusty Grindle Criminal activity and thousands in damages to my 6 figure truck build. He is also a member of the National Association of Consumer Bankruptcy Attorneys (NACBA), member and Director of the Miami Lakes Bar Association, and one of the founding members of the Miami Lakes Chapter of BNI Excellence. 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. Loan Restructure. We DO NOT remove reports. Ste. at doc. # 1, 91, 100; case # 19-10010, doc. BBB Business Profiles are subject to change at any time. "); see also Lynch v. Maresca et al. After the hearing held on March 8, 2019, the Court dismissed the case with prejudice and issued an 18-month filing bar (id. Here, the Debtor filed five documents for filing prepared by the Synergy Defendants: (1) a petition, (2) schedule D, (3) a Rule 2016(b) fee disclosure statement, (4) a creditor mailing matrix, and (5) the Motion to Extend (doc. 157(b)(2)(A). # 1, 42, 58, 61, 92; case # 19-10010, doc. Those with monetary claims against the business are advised to obtain a Proof of Claim form by writing to United States Bankruptcy Court for the District of Columbia 333 Constitution Ave NW Rm 1225 Washington DC 20001 for resubmission to that court. R. Civ. Well guide you through the process. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. This statement contradicted the Attorney Disclosure Statement Mr. Katz had filed, in which he certified he had received $1,000 prior to the filing of the case (id. Attorneys & Legal Services: Synergy Law LLC. D. S.C. May 20, 2019). 55(b)(1), (b)(2). Call today! The Court finds disgorgement to the Debtor of the $1,250 in fees is appropriate, and warranted, under 110(h)(3) for the Synergy Defendants' failure to comply with the requirements of 110(b)(1), (b)(2), (c)(1), (d), (e)(1), (f), (g), and (h)(2). This post focusses on the Tenth Circuit Court of Appeals judgment regarding the limits of earmarking doctrine. 110(d). 1999)), supplemented, 2012 Bankr. Ferndale WA. Based on the foregoing findings, and in light of the numerous, egregious and deliberate violations of 110 of the Bankruptcy Code by the Synergy Defendants and of 526 of the Bankruptcy Code by Synergy Law and Synergy Services, sanctions are both required and warranted to deter the Synergy Defendants, as well as any other entity or individual acting as a bankruptcy petition preparer or debt relief agency, from violating these statutory requirements in this District. LEXIS 2458 at *17, 2019 WL 3713684 at *6; see also In re Weathers, 2019 Bankr. at 137-138), but rather misrepresented themselves to be a law firm that offered, inter alia, excellent foreclosure defense (id. 110(b)(2)(B)(iii). # 1, 99). # 19-03058 (Bankr. Synergy Law Group, LLC is a firm serving Chicago, IL . Mr. McCaughan is the founder of Mac Law PLLC, a law firm dedicated to serving individuals and businesses in all aspects of real property law. Anaheim, California 92806 . at doc. See In re Walters, 2012 Bankr. Omar earned his law degree from Nova Southeastern University's Shepard Broad Law Center, and is licensed to practice in Florida state courts as well as the United States Southern and Middle District Courts. Federal Rule of Bankruptcy Procedure 7055. See Fed. Visit Website. Mr. See Fed. The Synergy Defendants have also been enjoined in several individual districts. and concentrates his practice in the Financial Services industry in the areas of Real Estate law and Commercial Litigation. # 1, 84, 143). # 1, 91, 97-98, 103; case # 19-10010, doc. On February 6, 2019, Attorney Katz filed a motion to withdraw as the Debtor's attorney, with a stipulation signed by both Attorney Katz and Debtor attached, asserting the Debtor "has made no payments to attorney" (id. *In Canada, trademark(s) of the International Association of Better Business Bureaus, used under License. Similarly, 526 and the related provisions of 528 were enacted as consumer protection provisions "strengthening professionalism standards for attorneys and others who assist consumer debtors with their bankruptcy cases,'' H.R. He is a candidate for the Bar Register for Preeminent Lawyers. at 580 (imposing a $4,311 penalty equivalent to treble damages); Huffman, 505 B.R. 11 U.S.C. Additionally, subsection (h)(2) requires the bankruptcy petition preparer file "[a] declaration under penalty of perjury disclosing any fee received from or on behalf of the debtor within 12 months immediately prior to the filing of the case ." 11 U.S.C. You should be able to check the credentials of any lawyer who is working for you to ensure, before you agree to retain his services, that he is a licensed member in good standing with his state bar. Additionally, section 110 includes several filing requirements. The UST then commenced this adversary proceeding on April 15, 2019 (adversary proc. Clients appreciate his sharp legal acumen and James (Jim) Leano is a Board Certified Civil Trial Attorney who works diligently to represent those who have been injured as a result of anothers negligence, including automobile accidents, personal injury, premise liability, and general negligence and personal injury protection (PIP). Proc. Experienced & Aggressive Florida Foreclosure Defense Lawyer! His practice is concentrated in the areas of general commercial litigation, real estate litigation, construction litigation, and appellate practice. Julia Kefalinos criminal defense and bankruptcy firm was established in 2006 after 16 years of service to the community as a Miami-Dade County Assistant Public Defender. # 1), and the Court scheduled the motion to withdraw for hearing on February 8, 2019 (id. # 2). The Trustee further alleges that TAS is an insider of Synergy and therefore subject to a longer one-yearlook-backperiod. 11 U.S.C. A company called Synergy Law said it could help people modify their home loans. LEXIS 2458 at *9, 2019 WL 3713684 at *3. Accordingly, the Court finds the Synergy Defendants failed to comply with the requirements of 110(b)(2) and (f). He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorneys Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Her vital volunteer work and entrepreneurial spirit helped form the culture of the firm. 1999) (collecting cases and ruling that 11 U.S.C. ## 1, 4). Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950)). Since 2002, David earned his Bachelors degree in Finance and Real Estate to hone his analytical skills during his tenure as a strategic management consultant for manufacturing operations. While 526 does not specify a range or formula to determine the amount of such a civil penalty, it "should be designed to deter the offending parties and others from future, similar misconduct." The Motion also alleges the Synergy Defendants are debt relief agencies as that term is defined in the Bankruptcy Code (doc. TRUSTEE'S MOTION FOR DEFAULT JUDGMENT AGAINST THE SYNERGY DEFENDANTS. # 13). # 1, 25). Corporate Advocacy Business Remediation and Customer Satisfaction Program. Michael has represented individuals and corporations across the world. Mich. Aug. 6, 2019) (same). The UST appears to argue that Synergy Law and Synergy Services also violated 526(a)(3)(b) by misrepresenting the benefits and risks of filing for bankruptcy relief (doc. When, as here, the plaintiff seeks a judgment by default that is not for a sum certain, that party must apply to the Court for that judgment. I provide exceptional legal representation for foreclosure defense matters. Proc. During law school, Omar was vice president of Nova Southeastern University Shepard Broad Law Center's trial team, where he competed in trial competitions throughout the state. Subsection (b)(1) requires a bankruptcy petition preparer, when preparing a petition or other document for filing, to "sign the document and print on the document the preparer's name and address." Frederick A. Neustein, a Miami native of 51 years, has been a licensed attorney in the State of Florida for 27 years. The UST asks the Court to impose civil penalties pursuant to 526(c)(5) for intentional violation of 526(a)(3) and 528(a)(1)(A), (a)(1)(B), (a)(2), and (b)(2) (doc. If the preparer "is not an individual, then an officer, principal, responsible person, or partner of the bankruptcy petition preparer" must "sign the document for filing" and provide their name and address. BBB reports on known marketplace practices. He has represented both lenders and mortgage holders in hundreds of loan modifications and short sales. Michael Braunschweig, Esq. S.D. Wrongful Foreclosure. In the Lyon and Grenoble metropolitan areas, and the Haute-Savoie department, INRAE units contribute to research activities at the Lyon-Saint-Etienne, Grenoble-Alpes, and Savoie Mont Blanc . Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. Because Synergy Law and Synergy Services acted as debt relief agencies in this case, their conduct falls within the purview of 526 and 528. Synergy Law LLC Synergy Law LLC 8801 Sudley Road #4017 Manassas, Virginia United States Phone: 571-535-3299 Web: synergylawllc.com Category: Loan Modification Contacted co to help with Foreclosure Manassas, Virginia. E.D.N.Y. See In re Bennett, case # 18-10346 (Bankr. In his motion to withdraw, Attorney Katz's signature line represented his position in the case as "Local Counsel on behalf of Synergy Law LLC" (case # 19-10010, doc. As a real estate lawyer and title agent, she has over 16 years experience in real estate, mortgages and business law. After having been selected in 2017 for the Goldman Sachs 10,000 Small Roy Oppenheim has been a real estate lawyer since 1987, with experience in all phases of real estate development and redevelopment, from land acquisition to multifamily, retail, office hotel, industrial, and mixed-use development, as well as single-family home development for sale and rent. McCumber, Daniels, Buntz, Hartig & Puig P.A. 110(e)(1). 110(b)(1)(A)-(B). Proc. The former & the new firm he is affiliated with of CASERTA & SPIRITI, PLLC. He is a dynamic leader, both within the firm and the local business community. The UST did not attest to any supplemental service to Ms. Myers, and the record does not demonstrate either address was Ms. Myers' home or business address at the time of service, or that she otherwise received actual notice of this adversary proceeding. LEXIS 2479, *19, 2019 WL 3856935, *7 (Bankr. Manassas Virginia, Synergy Law LLC Was suppose to do home loan assistant but did nothing Manassas Virginia, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! 110(l)(1) (emphasis added). Free Consultation! Court filings show Synergy became increasingly known among bankruptcy trustees. 526(c)(5). # 1, p. 9). at 326 ("petitions, plans, schedules, statements, certifications, motions and other documents filed in bankruptcy cases are each a separate 'document for filing' for purposes of section 110") (collecting cases); see also Moore, 2012 Bankr. He is a graduate of the Shepard Broad Law Center at Nova Southeastern University. All statutory citations refer to Title 11 of the United States Code ("Bankruptcy Code"), unless otherwise indicated. This video refers to the Deprizio Doctrine, under which a bankruptcy trustee may disgorge assets from guarantors that could otherwise satisfy the debt. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages, Don't let them get away with it! Let the truth be known!. Mr. McCaughan is a native of Miami, Florida, and is active in Timothy Kingcade is Managing Shareholder of Kingcade & Garcia, P.A., which he founded in 1996. Proc. Spectrum Cable Spectrum Came into my home, damaged my PC and leaves me screwed. February 24, 2021, District of ColumbiaDebtor Synergy Law, LLC provided and marketed foreclosure rescue services to desperate homeowners in the United States. LEXIS 2479, 2019 WL 3856935 (same); Gunzinger, Adv. The Court found above that the Synergy Defendants failed to comply with the requirements of 110(b)(2), (d), (e)(1), (f), (g), and (h)(2) (six separate violations), 110(b)(1) and (c)(1) with respect to each of the five documents for filing (ten separate violations), and 110(e)(1) with respect to each of the two documents executed on behalf of the Debtor (two separate violations), for a total of eighteen separate violations. This a core proceeding arising under Title of the United States Code as defined in 28 U.S.C. In re Hanawahine, 577 B.R. at doc. They have been sued numerous times by clients across the U.S. Shamefull that they are still able to operate. File your review. Before law school, Omar was a legislative aide at the Florida State Senate Committee on Environmental Preservation and Conservation and Joint Committee on Everglades Oversight.

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