IN RE JOHNSON
United States Bankruptcy Court, D. Maryland, Baltimore Division.
Filed: October 19, 2012.
10. The "Scalia" in Scalia & Seidel refers to Mancini who, as described in more detail below, conducted business under the fictitious name "A. Michael Scalia." The "Seidel" in Scalia & Seidel refers to Mancini's grandfather, who has been deceased for approximately 30 years.
11. The Court finds that the name "Scalia & Seidel, LLC," was designed and intended by Mancini to give the public the impression that Mancini is an attorney and that Scalia & Seidel is a law firm.
12. Between February 10, 2012, and July 25, 2012, Mancini, on behalf of debtors2 and in exchange for compensation, prepared documents such as bankruptcy petitions, schedules, and statements of financial affairs that were filed in this Court. Mancini also provided other assistance to debtors filing bankruptcy cases in this Court. 13. Mancini provided these services through or along with Scalia & Seidel. 14. The United States Trustee provided evidence of at least 54 cases in which the Defendants prepared documents and provided assistance to debtors during this time period. These cases are discussed in more detail below.
Mancini's Name and Name Change15. Prior to February 2012, and continuing through sometime in June 2012, Mancini's legal name was Michael Antonio Lonardo.
16. In February 2012, Mancini filed a petition in a Maryland state court requesting his name be legally changed to "A. Michael Scalia."
1. Congress has provided that "[t]he United States trustee may raise and may appear and be heard on any issue in any case or proceeding" under Title 11 of the United States Code (the "Bankruptcy Code"). 11 U.S.C. § 307. Additionally, various paragraphs of § 110 of the Bankruptcy Code specifically provide that the United State Trustee may bring actions to redress the misconduct alleged in this case. See, e.g., 11 U.S.C. §§ 110(i)(1), 110(J)(1).
2. The term "debtor" is defined by the Bankruptcy Code as a "person ... concerning which a case under [the Bankruptcy Code] has been commenced." 11 U.S.C. § 101(13). For purposes of these Findings, the Court applies that same definition.
3. At the hearing on this matter, the Assistant United States Trustee testified that Mancini admitted to him that the social security number listed on these documents was not Mancini's social security number but that Mancini claimed the numbers were tax identification numbers assigned to him or his businesses. However, the Assistant United States Trustee also testified that his own investigation indicated that the numbers were actually social security numbers issued to individuals living outside of Maryland. There was no evidence presented as to the identity of these individuals or that these individuals were aware that Mancini had used their social security numbers.