Bankruptcy Fraud Information/Report Bankruptcy Fraud to United States Department of Justice Internet Hotline

USTP.Bankruptcy.Fraud@usdoj.gov

 

Detroit Chapter 7 and Chapter 13 Consumer Bankruptcy Filings

 I, Walter Metzen, will provide, free of charge as part of your free initial Bankruptcy Analysis, a means test calculation to determine if you are eligible for Chapter 7 Bankruptcy.  Nearly 90% of the people who walk through my door are eligible to file a Chapter 7 Bankruptcy in Michigan and get a permanent discharge of their debt. With Chapter 13 Bankruptcy in Michigan, we can develop and affordable repayment plan to fit every budget.
 

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BANKRUPTCY FRAUD CASE

Press Release - 5-31-05 - Two Sentenced in Complex Bankruptcy & ...

OFFICE OF THE UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF CALIFORNIA

San Diego, California United States Attorney Carol C. Lam For Further Information, Contact: Assistant U. S. Attorney George C. Aguilar (619) 557-7173 For Immediate Release NEWS RELEASE SUMMARY - May 31, 2005 United States Attorney Carol C. Lam announced that Antonio ("Tony") Simon was sentenced today to serve 24 months in custody by U.S. District Judge Jeffrey T. Miller in federal district court in San Diego on 12 counts of bankruptcy fraud and eight counts of knowing disregard of bankruptcy rules and procedure. Judge Miller also imposed a three-year period of supervised release, a restitution order of $23,470 and a special assessment of $1,400. Simon was convicted of these charges on January 21, 2005, after a two-week jury trial. Simon was remanded into custody after the jury’s verdict and will remain in custody to serve out his sentence. Simon, prior to his conviction, was charged with defrauding homeowners and their creditors in a complex scheme which used bankruptcy law protections against foreclosure sales in a corrupt manner. The evidence at trial proved that Simon found and solicited homeowners in severe financial debt who were on the verge of losing their home through a foreclosure sale. The evidence further showed that Simon made a number of false representations and promises to the homeowners to get them to pay him a monthly fee for his purported services. Simon falsely claimed that he would (1) save the property from foreclosure by legal
means, (2) contact lenders to renegotiate the mortgage, (3) assist in arranging refinancing, and (4) take a portion of the monthly fee he received from the homeowners for his services, to be paid to the lender and applied to the mortgage, which he claimed would keep foreclosure from occurring. Instead, the evidence at trial proved that Simon merely kept the homeowners' money, made no contact with the homeowners' creditors, and did not arrange refinancing, nor use the money to pay down the mortgage to prevent foreclosure. Rather, Simon prepared and caused to be prepared “bare bones” federal bankruptcy petitions for the homeowners to sign, which declared either Chapter 7 or Chapter 13 bankruptcy in an effort to use bankruptcy law protections against foreclosure proceedings. Simon and the homeowner did nothing further to pursue the bankruptcy case. Bankruptcy law provides for an automatic stay to stop foreclosure proceedings and sales as soon as bankruptcy is filed by the homeowner. The law enables the homeowner to stay in the home as long as the bankruptcy is proceeding or until the foreclosure sale is otherwise ordered by a bankruptcy court judge. Bankruptcy law also provides that a schedule of assets and liabilities and a statement of financial affairs must be filed with the bankruptcy court by the bankruptcy filer within 15 days of the filing of the petition or the case will be dismissed. The evidence at trial showed that these bankruptcy petitions, as directed, prepared or caused to be prepared by defendant Simon, were not supported by the schedule of assets and liabilities and a statement of financial affairs that were required to be filed. The cases ultimately were dismissed by the bankruptcy court. The evidence at trial proved that the defendant’s response to the dismissals was to direct the homeowner to file successive bankruptcy petitions, but without the required supporting documents. The evidence at trial also proved that bankruptcy petitions were used by Simon with no intent to pursue bankruptcy but only to use bankruptcy laws protecting against foreclosure to defraud creditors, thus enabling Simon to continue to collect the monthly payments being made by the homeowners under false pretenses. Further, the evidence at trial showed that, in an effort to continue his scheme for an extended period of time and thus collect additional money, defendant Simon used and caused relatives and persons unknown to homeowners, who the defendant arranged to receive portions of the homeowners' property through property
deed transfers, to file bankruptcy petitions with no intent to pursue bankruptcy but which were used solely to extend the bankruptcy law protections against foreclosure. At the sentencing hearing, Judge Miller called Simon an “economic predator” who “set up his victims emotionally for his financial kill.” Judge Miller further described Simon’s plan as a “shell game where the pea was the victims’ homes and the shells were the bankruptcy court and bankruptcy petitions.” Codefendant Raul Allen was sentenced to 10 months in custody by Judge Miller on May 23, 2005. Allen pled guilty to the charge of bankruptcy fraud on July 2, 2004. Allen was also given a three-year period of supervised release, a restitution order of $23,470, and a special assessment of $100. DEFENDANTS Antonio Rios Simon Raul Charles Allen SUMMARY OF CHARGES Bankruptcy Fraud, 18 U.S.C. 157 -- Five years’ imprisonment and/or a $250,000 fine per count Knowing Disregard of Bankruptcy Laws, 18 U.S.C. 156 -- One year imprisonment and/or a $100,000 fine per count INVESTIGATING AGENCY Federal Bureau of Investigation Report Suspected Bankruptcy Fraud in Michigan


Bankruptcy Basics - For Cases Filed on or after October 17, 2005 (pdf)
Bankruptcy Basics - For Cases Filed before October 17, 2005 (pdf)


   
Contact me, Detroit bankruptcy lawyer Walter Metzen today to schedule your free initial consultation. I also offer clients flexible appointment times and same day appointments if necessary. Get in touch with me today to learn how filing bankruptcy may be beneficial for you and your family. Why should you hire a Board Certified Bankruptcy Specialist? Click Here. My office has handled over 10,000 bankruptcy cases in Michigan and will apply this experience to your case as well. My office prides itself on fast, detailed, personal service. There are many different aspects to a bankruptcy case. Some of the different aspects are listed on the links below for you to explore. If you have any questions while exploring this site or would like a free personal bankruptcy consultation, contact my office at (313) 962-4656 or toll free 888-777-FILE.

 Contact me, bankruptcy attorney Walter Metzen to learn more about how I can help you get a Fresh Financial Start!.

 Be sure to Obtain a copy of your Credit Report after your Michigan Bankruptcy Filing and check it for Mistakes.

Contact me, bankruptcy attorney Walter Metzen to learn more about how the new Chapter 7 bankruptcy law may affect your case. I offer a free initial consultation so we can discuss your case personally.

We are a Debt Relief Agency helping people file for bankruptcy relief under the Bankruptcy Code. Let us help you decide if bankruptcy is right for you.

Bankruptcy attorney Walter Metzen represents clients throughout Southeast Michigan, including the communities of Detroit, Southfield, Warren, Roseville, Farmington Hills, Ann Arbor, Belleville, Canton, Clinton Township, Dearborn, Dearborn Heights, Hamtramck, Highland Park, Holland, Howell, Lincoln Park, Livonia, Macomb, Northville, Plymouth, Port Huron, Redford, Rochester, Saginaw, Southfield, Sterling Heights, Taylor, Trenton, Troy, Westland, Wyandotte, Ypsilanti, Mount Clemens, Howell, Oakland County, Macomb County, Wayne County, Washtenaw County, Livingston County, and all of the surrounding areas.

 


 

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