New York’s suit again Upright Law (part 2: the parties involved)

Continuing the Complaint against Upright Law in the case of In Re: Joyce Ellen Bishop, Case Number 16-20593 by the US Trustee in the US Bankruptcy Court for the Western District of New York (in Rochester).

You can read Part 1 here.

Or use this Index Hub. 

In the interest of full disclosure, I am an affiliate with Upright Law – I co-represent their (our) clients in the northern counties of the Eastern Division of the Southern District of Illinois

***

This part of the Complaint tells us what the US Trustee alleges that Upright did that led to this Complaint. Keep in mind the US Trustee is trying to bar Upright Law from practicing in the district, so they will not exactly be showering them with praise.

“I come to bury Caesar, not to praise him.” Shakespeare, Julius Caesar, Act 3, Scene 2

***

(the filed Complaint continues…)

 

III. BACKGROUND

  1. The Parties

 Mr. Racki

7) Defendant Jason Racki is the debtor’s counsel of record. He represented on the petition that his firm name in this case is Allen Chern, operating out of 140A Metro Park, Rochester, New York. His ECF participant registration form and the docket in this case disclose his firm name as the Law Office of Jason Racki, 10314 Spook Woods Rd, Port Byron, New York.

8) Mr. Racki practices before this Court as a sole practitioner and also purports to be a partner in Upright Law LCC by virtue of a limited partnership agreement.

9) During the relevant period of time for this case, Racki also purported to be a partner of Voight Law or VL.

10) Mr. Racki is a “debt relief agency” as defined by 11 U.S.C. § 101(12A) and he provided bankruptcy assistance to Ms. Bishop.

Upright Law, Law Solutions, Allen Chern and affiliates

11) Defendant Law Solutions Chicago LLC is an Illinois limited liability company that does business as Upright Law LLC (“Upright Law” or “Upright”). It filed articles of organization with the Illinois Secretary of State on October 10, 2008. It is authorized to transact business in Illinois under the following assumed names: Jason Allen Law, LLC; Upright Law, LLC; and Allen & Associates, LLC. On its website, Upright Law lists its headquarters at 79 West Monroe, 5th Floor, Chicago, IL 60603 and, at the time Ms. Bishop contacted it, it purported to have “Local Offices Nationwide.” Upon information and belief, Upright Law has an office in Chicago and no local offices nationwide. It has an intake/call center at its Chicago office.

12) Upright’s connection to New York appears to be through services offered by “Allen Chern Law.” Upright incorporated in the State of New York on January 16, 2014 and does business in the State of New York as “Allen Chern Law” but under the umbrella of the national name “Upright Law” and/or “Upright.”

13) Kevin Chern, an owner and manager of Upright, is an attorney licensed by the State of Illinois to practice law. Chern is not licensed to practice law in New York. 14) Jason Royce Allen, an owner and manager of Upright, is an attorney licensed by the State of Illinois to practice law. Allen is not licensed to practice law in New York.

15) According to Upright’s website, Edmund Scanlan is the chief executive officer of “Upright Law,” and a manager of an entity named Upright Litigation, LLC. According to Upright’s website, “all legal services are provided by affiliated and related entities.” The website states that Scanlan is the “CEO” or “Administrator” of every entity allegedly providing the legal services to prospective debtors.

16) On information and belief, when Ms. Bishop contacted Upright, it employed no lawyers licensed in the State of New York at its Chicago call center.

17) Moreover, Allen Chern Law does not have a have a “brick and mortar” location as required in New York.

18) Upright Law is a “debt relief agency” as defined by 11 U.S.C. § 101(12A) and it provided bankruptcy assistance to the debtor, Ms. Bishop.

Ms. Bishop

19) Ms. Bishop is the debtor in this case and is an “assisted person” as defined by 11 U.S.C. § 101(3) because she has primarily consumer debts and the value of her non-exempt property is less than $186,825. Moreover, Upright’s website acknowledges its federal designation as a Debt Relief Agency.[1]

United States Trustee

20) Plaintiff United States Trustee is a Department of Justice official with standing to file this complaint under 11 U.S.C. § 307.

 

(end of section reprinting the Complaint)

***

Filed by Kathleen Dunivin Schmit of the US Trustee’s office (WILLIAM K. HARRINGTON )

United States Trustee for Region Two) on April 28, 2017.

***

In this section we meet the parties involved:

James Racki is the partner or affiliate attorney with Upright, as am I and many attorneys across the country.

Upright Law and Allen Chern are a Chicago-based law firm who practice throughout the country.

Joyce Ellen Bishop is the debtor who hired Upright Law initially, then met with James Racki for local representation.

***

Check my blog’s search engine for more on this Complaint and Upright’s response. Just type “Upright Law” in my search engine for the Upright case law.

 

About the blogger:

Michael Curry of Curry Law Office in Mount Vernon, Illinois http://michaelcurrylawoffice.com/) has helped thousands of individuals, family and small businesses in southern Illinois find protection under the Bankruptcy Code for almost twenty-five years. He is also available to help individuals and families with their estate planning (wills, power-of-attorney) and real estate and other sales transactions.

He is also the author of books on finance and bankruptcy available on Kindle through Amazon!

Whether you live in Mount Vernon, Salem, Centralia, or anywhere in Southern Illinois call Curry Law Office today at (618) 246-0993 and Finally Be Financially Free!

You can also access my website at http://www.mtvernonbankruptcylawyer.com

 

 

[1] On its website, Upright holds itself out as a “debt relief agency helping people file for bankruptcy under the bankruptcy code.” See https://www.uprightlaw.com/terms-conditions

 

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One thought on “New York’s suit again Upright Law (part 2: the parties involved)

  1. Pingback: UST v Upright Law, In re: Bishop, an index of the blog posts on the case | Curry Law Office

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