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Designed Anticompetitve Activity
Designed Anticompetitve Activity
By MARION DIAMOND
We own an online document preparation business which helps the pro se litigant. It's name is Docupro.
The U.S. Trustees brought three federal lawsuits against our company in which we are being accused of violating an agreed order to not type pro se bankruptcy petitions for Massachuettes debtors. We signed an agreed order for no other reason last year than to stop the harassment of not only us, but every person who ever worked for us, and we were unable to conduct our business or afford the legal fees needed to defend ourselves.
Last year, our company became a target of the bankruptcy court in Boston, and they brought a sham lawsuit against our company for the sole purpose of putting us out of business. The discovery process, along with the stress, nearly caused me a nervous breakdown and the collapse of our business which we had built for the past ten years.
This original lawsuit was brought against our company because a former customer (K. Crociati) lied about her property affairs; when she got caught at her 341(A) Meeting by the sitting Trustee, Stephen Shamban, she said we told her not to list her house.
Trustee, Stephen Shamban has an office in Braintree, MA, and a Docupro store was once located near his office. Docupro is a court document preparation service. Docupro used to have up to 40 offices throughout Massachuettes. One can understand why the trustee would take a personal interest in putting court document preparation companies out of business.
We were so angry that this customer lied to us on her questionnaire (which we rely on for typing her information onto the proper forms) that we filed a lawsuit against this customer in the Superior Court in our County. Her lie got us sued and ruined our reputation up at the bankruptcy court. Her new bankruptcy attorney, who is also a trustee in the same court in which she filed her original bankruptcy, removed our lawsuit up to the bankruptcy court where they had no jursidction. William Billinham, not only is a trustee in the bankruptcy court but once had a law office right across the street from our Pembroke, MA office and moved, we believe, because he could not compete with the prices we charged the public.
I personally did some investigative work on this former customer, and found she had hidden other properties as well and thought if I proved she lied about other property then they would drop the lawsuit against our company. I sent ample proof that this customer not only lied to us but was continuing to lie to the U.S. Trustee's office.
The evidence made no difference. It became very clear that this lawsuit was being used as the smoking gun to put our company out of business. To this day, 1-1/2 years after the customer filed bankruptcy, she still has not received a discharge because they know of the potential of being caught as an accessory to fraud if they discharge her debts.
In the meantime, the credit card companies got screwed out of getting paid when this debtor clearly had equity enough in her home to pay them. She is being protected by the trustee's office for helping them put us out of business.
We lost our ability to type for other pro se litigants in Massachuettes. We agreed to this because we had an online business and felt there was no way for us to prevail against the U.S. Trustees. We sincerely believed that we could continue typing for all the other states as we were already doing. We made it clear when we signed the agreed order that it did not include any other state besides Massachuettes. Not two months later, the Trustee's office filed three new complaints against us alleging that we violated the agreed order.
We had referred Massachuettes customers to a petition preparer in Rhode Island. We did not charge the customer, neither the other service, for the referral. The U.S. Trustee, however, wants to fine our company over $24,000 for referring less than $1,100 of business to the Rhode Island preparer. This will put us out of business nationwide.
My husband, who has high blood pressure and is nearly 60 years old, passed out and his head went through a wall in our house when we received the latest complaints. We are being punished severely for helping the public save money. Both my husband and myself are suffering from depression because of all of this. We feel we will be unable to make a living and we may lose everything we worked so hard for.
The complaints of the U.S. Trustee are brought under the disguise of "protecting the public," but the public has never brought one complaint against our company. Instead, the trustees in the bankruptcy courts (who are local bankruptcy lawyers when not sitting in as trustees) harrass our customers at home and at their place of work until they sign an affidavit designed by the US Trustee's office to fit a lawsuit they have already planned.
This year we have been hit with three federal lawsuits which caused even our own attorney to quit our case because the U.S. Trustee's office harrassed him daily with paperwork and phone calls. They papered him to the max and he said he could no longer represent us without us paying at least three thousand dollars a month to him.
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