Four Individuals Sanctioned for Forging Bankruptcy Petitions for a Dead Person in Scheme to Obtain Real Property

The U.S. Trustee Program (USTP) recently obtained sanctions against four individuals connected to the filing of fraudulent bankruptcy petitions bearing forged signatures of a dead person in a scheme to stall a foreclosure and gain possession of real property.

On Feb. 20, the U.S. Bankruptcy Court for the Northern District of Georgia granted the U.S. Trustee’s motion for sanctions against Emanuel Clark, Charles Freeman Jr., Patrick Iverson and Jacquelyn Duffy. Based on evidence presented by the U.S. Trustee’s Atlanta office, the court found that the four individuals presented or were responsible for presenting four forged bankruptcy petitions in the name of a person who had died more than a year earlier. Each of the four successive petitions halted a scheduled foreclosure sale on the dead person’s property, which had been fraudulently deeded postmortem to a company controlled by Clark. The court further found that the four individuals knowingly engaged in a fraud on the court and entered an order prohibiting them from presenting further bankruptcy petitions to the court unless they are the named debtor or the named debtor’s attorney.

In its order, the bankruptcy court also credited the U.S. Trustee with identifying “a system of fraud and abuse” in the four cases as well as several other petitions presented for filing by Clark, Freeman, Iverson, and Duffy. The four individuals “intentionally engaged in a pattern and practice of filing forged or suspicious property deeds and presenting skeletal pro se petitions to the court for improper purposes, often in the name of deceased persons.” Additionally, the order noted that Clark and Freeman were serial abusive filers of bankruptcy petitions in their own names.

“These four swindlers abused the bankruptcy system in an attempt to fraudulently obtain property in the wake of the owner’s death and to obstruct a creditor from exercising its rights,” said Mary Ida Townson, U.S. Trustee for Region 21, which includes the Northern District of Georgia. “We will aggressively pursue bad-faith actors such as these to preserve the system for Americans who legitimately need relief.”

The USTP’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders — debtors, creditors and the public. The USTP consists of 21 regions with 89 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the USTP at www.justice.gov/ust.