U.S. Trustee Program Obtains More Than $392,000 in Penalties and Three-Year Suspension Against National Consumer Bankruptcy Firm

The Justice Department's U.S. Trustee Program (USTP) recently obtained a judgment against a nationwide consumer bankruptcy law firm imposing more than $392,000 in penalties and a three-year suspension based on the firm's false and misleading disclosures in more than 200 bankruptcy cases.

On Sept. 17, the U.S. Bankruptcy Court for the Eastern District of Michigan entered summary judgment against Recovery Law Group APC (RLG). The court found that RLG intentionally violated provisions of the Bankruptcy Code and Bankruptcy Rules governing disclosure of attorney compensation and the practices of debt relief agencies. The court credited the USTP's evidence of 220 cases filed in the district since 2020 in which RLG was responsible for untrue or misleading disclosures about its involvement or its fee-sharing arrangements with the attorneys it contracted with to represent its debtor clients.

Based on the fees RLG collected for 217 of those cases, the court imposed a civil penalty of $392,471. Additionally, the court suspended RLG from soliciting or filing bankruptcy cases in the Eastern District of Michigan for three years.

"Transparency and robust disclosure are essential in bankruptcy," said Acting Director Ramona D. Elliott of the Executive Office for U.S. Trustees. "Professionals threaten the integrity of the system when they are opaque about their payment arrangements, misrepresent their services, and fail to help their vulnerable clients."

The USTP's enforcement action stemmed from a case involving a senior couple who contacted RLG seeking help with responding to collection efforts on a judgment against them. After the couple paid a fee of $1,835 to retain RLG, the firm assigned one of its Michigan-based attorneys, Sheena Majors, to file a chapter 7 bankruptcy petition for the couple. The mandatory form for disclosure of compensation and fee-sharing arrangements did not mention RLG, among other mistakes and misrepresentations.

Because of a litany of failures by RLG and Majors, the couple eventually lost their home and a substantial share of their home equity. RLG's involvement came to light only when it was revealed by the couple during a hearing - which Majors failed to attend - in an unsuccessful effort to save the home. The couple and the chapter 7 trustee administering their bankruptcy case have a pending lawsuit against RLG, Majors, and two related defendants. The court has already found the defendants liable for malpractice, with damages still to be determined.

The USTP also prevailed in a separate enforcement action against RLG earlier this year. In April, the Bankruptcy Court for the Eastern District of Virginia entered an order holding RLG and one of its affiliated attorneys, Thomas Watson, in contempt for providing deficient legal services and violating court orders. The court required the firm to pay $48,000 in sanctions and refund four chapter 7 debtors' fees; suspended RLG from practicing in that district for two years; and disbarred Watson from practicing in the district.

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 88 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the USTP at https://www.justice.gov/ust.