U.S. Trustee Program Obtains More Than $1.1M in Monetary Relief Against 12 Defendants in Nationwide Foreclosure Defense Scheme

The Justice Department's U.S. Trustee Program (USTP) recently obtained a judgment imposing more than $1.1 million in civil penalties, fines, damages, and fees against 12 defendants who collaborated in a nationwide scheme to defraud vulnerable homeowners facing foreclosure.

On Aug. 28, following an eight-day trial on the USTP's complaint, the U.S. Bankruptcy Court for the Western District of Louisiana entered judgment against NVA Financial Services LLC; its president and sole member, Steven Nahas; Karen Kisch, the defendants' managing attorney; and nine associates involved in the business. The court found "overwhelming evidence" that the defendants carried out a scheme in which homeowners were "shunted into frivolous pro se bankruptcy cases" so that the defendants could continue billing the homeowners under the pretense of gaining time to negotiate loan modifications. The USTP introduced evidence at trial showing that the scheme resulted in at least 186 abusive bankruptcy filings.

"This judgment makes clear that those who abuse the bankruptcy system to exploit struggling homeowners will be held accountable," said Acting Director Ramona D. Elliott of the Executive Office for U.S. Trustees. "The USTP will remain vigilant to root out schemes that threaten the integrity of the bankruptcy system."

The USTP's complaint arose out of a chapter 13 bankruptcy case filed by a homeowner from West Monroe, Louisiana, who had sought mortgage assistance to avoid a foreclosure sale. The homeowner paid a $1,100 retainer for what he believed was legal representation, followed by multiple $500 monthly payments debited from his bank account. The defendants' local counsel in Louisiana, who the homeowner believed was representing him, never communicated with him or provided any assistance. Instead, with the foreclosure sale date approaching, an NVA associate sent the homeowner a bare-bones bankruptcy petition - listing the mortgage lender as the only creditor - and told him how to file it on his own. The bankruptcy court dismissed the petition a month later for failure to provide proof of required pre-bankruptcy credit counseling and failure to pay the filing fee.

The defendants continued to debit the homeowner's bank account for "loan modification services" while pressuring him to file another bankruptcy case. After the homeowner received notice of a rescheduled foreclosure sale, he hired a local bankruptcy attorney, but the defendants repeatedly urged him to fire the attorney and allow them to continue to "work his file." The homeowner's new attorney reopened the bankruptcy case and eventually negotiated a mortgage loan modification for the homeowner.

In an opinion accompanying the judgment, the bankruptcy court concluded that each of the 12 defendants had abused multiple sections of the Bankruptcy Code governing bankruptcy petition preparers, debt relief agencies, and attorneys, resulting in at least 186 abusive bankruptcy filings nationwide. While trying to hide their involvement in the fraudulent scheme, the defendants tried to earn as much money as possible and often abused the bankruptcy process.

Along with imposing $1.1 million in monetary relief, the court temporarily suspended Kisch and the defendants' local counsel in Louisiana from practicing before the bankruptcy court and referred them to attorney disciplinary authorities for violations of professional conduct rules. Two associates involved in the business were referred to disciplinary authorities as well for their unauthorized practice of law.

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.