Carol Turner

CourtUnited States Bankruptcy Court, S.D. New York
DecidedAugust 25, 2025
Docket25-35393
StatusUnknown

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Bluebook
Carol Turner, (N.Y. 2025).

Opinion

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re: Chapter 7 CAROL MARIE TURNER, Case No. 25-35393 (KYP) Debtor. ---------------------------------------------------------------x In re: Chapter 13 MARCOLINA RODRIGUEZ, Case No. 25-35432 (KYP) Debtor. ---------------------------------------------------------------x

MEMORANDUM DECISION GRANTING THE UNITED STATES TRUSTEE’S MOTION IMPOSING TREBLE FINES ON UNDISCLOSED BANKRUPTCY PETITION PREPARERS JMJ FAMILY REAL ESTATE, LLC AND JAMES M. FITZPATRICK FOR VIOLATING 11 U.S.C. § 110

APPEARANCES:

L’TANYA M. WATKINS, ESQ. Counsel for JMJ Family Real Estate, LLC and James M. Fitzpatrick 120-126 North Main Street New City, New York 10956

UNITED STATES TRUSTEE, REGION 2 WILLIAM K. HARRINGTON Leo O’Brien Federal Building 11A Clinton Avenue Room 620 Albany, NY 12207 By: Alicia M. Leonhard, Esq. Of Counsel

HONORABLE KYU YOUNG PAEK UNITED STATES BANKRUPTCY JUDGE INTRODUCTION James M. Fitzpatrick (“Fitzpatrick”) owns and operates JMJ Family Real Estate, LLC (“JMJ,” and together with Fitzpatrick, the “Respondents”) – a company that purchases homes for cash from homeowners facing foreclosure or pre-foreclosure. As part of its business strategy, the Respondents sometimes file bankruptcy petitions on

behalf of the homeowners to delay foreclosure. In the past two years, the Respondents have filed no fewer than twenty-two bankruptcy petitions in this Court, the vast majority of which have been dismissed for failure to pay the filing fee or to fulfill basic administrative requirements. The United States Trustee for Region 2 (“UST”) asserts that the Respondents are bankruptcy petition preparers (each, a “BPP”) and have violated multiple subsections of 11 U.S.C. § 110. The UST moves (“Sanctions Motion”) to impose treble fines against the Respondents for acting as undisclosed BPPs in the Chapter 7 case of Carol M. Turner1 (“Turner”) and the Chapter 13 case of Marcolina Rodriguez2 (“Rodriguez”).3 The Respondents oppose the Sanctions Motion.4 For the reasons stated, the Sanctions Motion is GRANTED.

1 In re Carol M. Turner, Case No. 25-35393 (KYP). 2 In re Marcolina Rodriguez, Case No. 25-35432 (KYP). 3 See Memorandum of Law in Support of the United States Trustee’s Motion for an Order Imposing Treble Fines on Undisclosed Bankruptcy Petition Preparers for Violations of 11 U.S.C. § 110, dated June 6, 2025 (“UST Brief”) (ECF Turner Doc. # 15-1); see also Reply Memorandum in Support of the United States Trustee’s Motion for an Order Imposing Treble Fines on Undisclosed Bankruptcy Petition Preparers for Violations of 11 U.S.C. § 110, dated July 7, 2025 (“UST Reply”) (ECF Turner Doc. # 26). Identical documents relating to the Sanctions Motion were filed on the electronic dockets of both Turner and Rodriguez cases. “ECF Turner Doc. # _” will refer to documents filed on the electronic docket of the Turner case, and “ECF Rodriguez Doc. # _” will refer to documents filed on the electronic docket of the Rodriguez case. 4 See Memorandum of Law in Opposition to Motion for Sanction[s] Under 11 U.S.C. § 110, docketed on July 2, 2025 (“Respondents Brief”) (ECF Turner Doc. # 22). BACKGROUND5 A. Fitzpatrick and JMJ Fitzpatrick owns and operates JMJ. (Affidavit of James M. Fitzpatrick in Response and Opposition to Motion for Sanction[s] Under 11 U.S.C. § 110, signed on June 30, 2025 (“Fitzpatrick Affidavit”) ¶ 2 (ECF Turner Doc. # 23).) JMJ advertises

that it buys real estate for cash from distressed homeowners facing foreclosure; its website states,6 among other things, as follows: Facing Foreclosure?

If you’re struggling to make mortgage payments or you owe more than the home is worth, there are options to get you from underneath your bad loans and save your credit.

We Can Help

. . .

JMJ Family Real Estate!

If you found your way to this website[,] you most likely have a property you need to sell. We buy properties cash, as is. No need to pay realtor fees, closing costs, and repairs. We can also close as fast as needed if time is of the essence.

5 Certain facts included in this section are from representations of Respondents’ counsel during oral argument. 6 JMJ’s website is available at www.webuyhousesny.org, and screenshots of webpages are attached to the Fitzpatrick Affidavit as well as the Declaration of Alicia M. Leonhard, dated June 6, 2025 (“Leonhard Declaration”) (ECF Turner Doc. # 15-2) at Exhibit 2. WE CAN HELP

Foreclosure can ruin your credit for up to 7 years!

Let our family help rid you of this burden and lift the weight off your shoulders. We buy properties cash, as is. No need to pay realtor fees, closing costs, and repairs.

WE’LL TAKE IT FROM HERE

JMJ uses a third party to search state court dockets for homeowners in foreclosure actions and solicit JMJ’s services to those homeowners. JMJ seeks to profit from these relationships by purchasing and re-selling the homes or by offering other commercial services to the homeowners. Where foreclosure is imminent, the Respondents facilitate the filing of bankruptcy petitions on behalf of the homeowners to stay the foreclosure proceeding.7 Turner and Rodriguez were two of JMJ’s recent clients. B. Turner Turner is a defendant in a mortgage foreclosure action in the Supreme Court of the State of New York, County of Orange (“State Court”), styled Celink v. Turner, et al., Index No. EF001263-2023. (See Leonhard Declaration, Ex. 5 (copy of state court docket).) A judgment of foreclosure was entered against Turner and a foreclosure auction was scheduled for April 15, 2025 at 2:30 p.m. (Id.) The day before the scheduled auction, Fitzpatrick, on Turner’s behalf, filed a Chapter 7 bankruptcy petition

7 Under 11 U.S.C. § 362(a)(1), the filing of a bankruptcy petition “operates as a stay, applicable to all entities, of the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the [bankruptcy case], or to recover a claim against the debtor that arose before the commencement of the [bankruptcy case].” in this Court. (Fitzpatrick Affidavit ¶ 11; ECF Turner Doc. # 1.) Specifically, Fitzpatrick filed the following documents for Turner: • Chapter 7 bankruptcy petition; • Schedule D listing Celink as a secured creditor; • a handwritten list of creditors8 listing only Celink; and • an application to pay the filing fee in installments (ECF Turner Doc. # 2). The Court denied the application to pay the filing fee in installments (ECF Turner Doc. # 5), no one prosecuted Turner’s bankruptcy case, and the Court scheduled hearings to dismiss the case for failure to pay the filing fee (ECF Turner Doc. # 11) and for failure to submit required documents (ECF Turner Doc. # 13). The Court dismissed the case by order dated April 21, 2025 (ECF Turner Doc. # 49) but retained jurisdiction to adjudicate the Sanctions Motion.

C. Rodriguez Marcolina Rodriguez (“Rodriguez”) is a defendant in a mortgage foreclosure action in State Court styled Limosa, LLC v.

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Cite This Page — Counsel Stack

Bluebook (online)
Carol Turner, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carol-turner-nysb-2025.