Marie Acree

CourtUnited States Bankruptcy Court, N.D. Georgia
DecidedFebruary 20, 2025
Docket23-53135
StatusUnknown

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Bluebook
Marie Acree, (Ga. 2025).

Opinion

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE: CASE NO. 23-53135-lre Consolidated with MARIE ACREE Case No. 23-56269-Irc Case No. 23-59531-lre ee eesen □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ No, 24-50310-Ire _ MARY IDA TOWNSON, UNITED STATES TRUSTEE, CHAPTER 13 MOVANT Vv. CONTESTED MATTER EMANUEL D. CLARK, CHARLES FREEMAN JR., PATRICK D. IVERSON, and JACQUELYN DUFFY, RESPONDENTS.

ORDER Claudia Marie Acree, who resided at 3060 Bobolink Drive in Rex, Georgia, passed away on January 19, 2022. During 2023 and 2024, four

bankruptcy petitions were filed naming Marie Acree as the debtor, listing her address as 3060 Bobolink Drive (“Bobolink Drive Property”),

and bearing what purported to be her original signature: Case Numbers 23-53135 (“Acree I”); 23-56269 (“Acree II”); 23-59531 (“Acree III”); and 24-50310 (“Acree IV”) (collectively, the “Acree Petitions”). The

Acree Petitions were presented to the Clerk of Court, United States Bankruptcy Court, Northern District of Georgia (“Clerk”), by Charles

Freeman (Acree I), Patrick Iverson (Acree II and Acree IV), and Jacquelyn Duffy (Acree III). The filing of the Acree Petitions halted foreclosure of the Bobolink Drive Property.1 Public records show that

Emanuel Clark, through his company EBA Capital Inc., was the primary beneficiary of a fraudulent post-mortem deed purporting to grant ownership of the Bobolink Drive Property.

On March 31, 2024, the United States Trustee filed her Motion for Sanctions Pursuant to Federal Rule of Bankruptcy Procedure 9011

1 Wells Fargo Bank, N.A. (“Wells Fargo”) filed a motion for in rem relief from the automatic stay. (Acree III, Dkt. 13). In its stay relief motion, Wells Fargo reported that, in 2017, Claudia Marie Acree executed a note in favor of Wells Fargo, secured by the Bobolink Drive Property and that Ms. Acree passed away on January 19, 2022, per Georgia death records. Wells Fargo further reported that someone claiming to be Claudia Marie Acree had executed a quitclaim deed on April 26, 2022—three months after Ms. Acree’s reported death—attempting to transfer the Bobolink Drive Property to EBA Capital, Inc. Wells Fargo attached copies of the death record and the quitclaim deed to its in rem stay relief motion, as Exhibits C and D. The Court granted Wells Fargo’s motion for in rem relief by order entered November 13, 2023. (Acree III, Dkt. 20). (“Sanctions Motion”) against Emanuel Clark (“Clark”), Charles Freeman Jr. (“Freeman”), Patrick D. Iverson (“Iverson”), and Jacquelyn

Duffy (“Duffy”) (collectively, “Respondents”).2 (Acree I, Dkt. 26). The United States Trustee asserts that Respondents are subject to sanctions under Rule 9011 for presenting to the Court four forged petitions in the

name of Marie Acree, a deceased individual, to initiate a stay that hindered and delayed a creditor’s legitimate exercise of its rights in real

property and to perpetuate a scheme to improperly obtain possession or ownership of the Bobolink Property. The Sanctions Motion also chronicles Respondents’ abusive and

fraudulent conduct in and in connection with other bankruptcy cases, including preparing and recording forged deeds and filing forged bankruptcy petitions for other deceased individuals, such as Robert L.

Johnson, Steven E. Weinstein, Edward Newsome, Brace C. Pinney, and Joseph Marchman. Emanuel Clark and Charles Freeman also engaged in serial filing of abusive petitions for themselves.

2 The United States Trustee is an official of the Department of Justice appointed by the Attorney General to supervise the administration of bankruptcy cases. 28 U.S.C. §§ 581 – 589. United States Trustees “serve as bankruptcy watch-dogs to prevent fraud, dishonesty, and overreaching in the bankruptcy arena.” H.R. Rep. No. 95-595, at 88 (1977), reprinted in 1978 U.S.C.C.A.N. 5963, 6049. The United States Trustee may raise, and may appear and be heard on, any issue in any bankruptcy case. 11 U.S.C. § 307. On April 1, 2024, counsel for the United States Trustee served the Sanctions Motion on Respondents and filed a certificate of service.

(Acree I, Dkt. 27). The certificate of service and exhibits presented during the evidentiary hearing show the United States Trustee served Respondents at addresses listed on identification documents they

presented to the Clerk’s office.3 The Court concludes that service of the Sanctions Motion complied with the requirements of Rule 7004(b).

On June 17, 2024, the Court entered an Order and Notice of Evidentiary Hearing on the Sanctions Motion (“Hearing Notice”). (Acree I, Dkt. 33). On June 19, 2024, the Bankruptcy Noticing Center

served the Hearing Notice on Respondents. (Acree I, Dkt. 34) The Court scheduled the in-person evidentiary hearing for July 31, 2024 (“Evidentiary Hearing”). Pursuant to the Hearing Notice, the parties

were required to file and serve their exhibit lists and witness lists by July 12. The United States Trustee timely filed and served her List of

3 Where (1) an individual’s driver’s license is not expired; (2) state law requires a driver’s license application to be sworn out under oath; and (3) state law imposes a continuing obligation to notify the DMV of an address change and obtain an updated license—the address listed on an individual’s driver’s license presumptively “qualifies as a ‘dwelling house or usual place of abode’ for establishing that proper service was accomplished pursuant to Bankruptcy Rule 7004(b).” Garcia v. Cantu (In re Cantu), 363 B.R. 503, 511–13 (Bankr. W.D. Tex. 2006). Georgia law contains provisions similar to the Texas provisions discussed by the Court in Cantu. See O.C.G.A. § 40-50-3 (requiring license holders in Georgia who move from the address stated on their licenses to apply for an updated license within sixty days). The identification documents presented by Clark, Freeman, Duffy, and Iverson were not expired at time of service. (UST Exhibits 44-47). Exhibits and List of Witnesses. (Acree I, Dkts. 37 and 38). None of the Respondents filed a list of exhibits or a list of witnesses.

The Court conducted the Evidentiary Hearing on July 31, 2024. None of the Respondents filed a response and none appeared at the Evidentiary Hearing, personally or through counsel or other

representative. Adriano Iqbal, Esq., appeared on behalf of the United States Trustee. Deborah Jackson, an Auditor for the United States

Trustee Program, provided credible and persuasive sworn testimony in support of the allegations set forth in the Sanctions Motion. The United States Trustee presented 49 exhibits, all of which were admitted

without objection and were reviewed and considered by the Court in rendering its ruling.4 The Court took judicial notice of the Court’s dockets and the content of documents filed in bankruptcy cases for the

purpose of ascertaining the timing and status of events in the case and facts not reasonably in dispute. In re Ferguson, 376 B.R. 109, 113 n.4

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