Kenneth N. Whitehurst, III, Esq., AUST, VSB No. 48919

Cecelia Ann Weschler, Esq., VSB No. 28245

Nicholas S. Herron, Esq., NJSB No. 03007-2008, PASB No. 208988

Office of the United States Trustee

200 Granby Street, Room 625

Norfolk, VA 23510

(757) 441-6012

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

In re: 

Tiffany Davis,

Debtor

Case No. 18-72116-SCS

 Chapter 7

John P. Fitzgerald, III APN 

Acting United States Trustee

for Region Four,

 Plaintiff

 v.

 

Ishere Brooks,

Defendant. 

Complaint under 11 U.S.C. § 110 Seeking Fines, Disgorgement,

 Injunctive Relief, and Civil Penalties

I. Parties, Standing, and Jurisdiction

 1. Plaintiff, John P. Fitzgerald, III, is the Acting United States Trustee for Region

Four, which includes the Eastern District of Virginia.

2. Fitzgerald has standing to bring this Complaint pursuant to 11 U.S.C. §§ 307

and 110.

3. At all times relevant to the matters set forth in this Complaint, the debtor, 

Tiffany Davis (“Davis” or “debtor”), resided in Virginia Beach, Virginia.

4. At all times relevant to the matters set forth in this Complaint, defendant, 

Ishere Brooks (“Brooks” or “defendant”), acted as a bankruptcy petition preparer, within the 

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meaning of 11 U.S.C. § 110(a)(1), during her transactions with Davis in the Eastern District 

of Virginia.

5. At all times relevant to the matters set forth in this Complaint, defendant

prepared “documents for filing” within the meaning of 11 U.S.C. § 110.

6. At all times relevant to the matters set forth in this Complaint, defendant was 

not licensed to practice law in the Commonwealth of Virginia or before this Court.

7. Defendant does not operate under the direct supervision of an attorney, and, at 

all times relevant to the matters set forth in this Complaint, did not operate under the direct 

supervision of an attorney.

 8. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. §§ 157(a) 

and 1334.

9. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409.

 10. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A).

 11. Under Fed. R. Bankr. P. 7008, Fitzgerald consents to entry of a final order or 

judgment by the Bankruptcy Court.

II. Tiffany Davis’ dealings with defendant

 12. On information and belief, in the fall of 2017, the debtor contacted Brooks via 

email, using an email address provided by a friend1 for whom Brooks had prepared bankruptcy 

 1 On information and belief, the friend for whom Brooks prepared the bankruptcy documents is 

Aaron Johnson. See Aaron Johnson (Case No.17-22719, United States Bankruptcy Court, 

Maryland (Baltimore). As in the instant case, page 7 of petition is missing. The response to 

question 16 in the Statement of Financial Affairs also appears to have been “whited out.” In 

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documents. Brooks responded that she would assist the debtor.

13. At Brooks’ direction, Davis provided Brooks with access to her credit report, 

and information about her creditors, income, expenses, and dependents, and Brooks prepared the 

debtor’s bankruptcy documents, including schedules, statements, the application for waiver of

the chapter 7 filing fee, and the chapter 7 means test.

14. Brooks emailed Davis a completed petition, completed schedules, and completed 

statements, and during a phone conversation, Brooks reviewed the documents with Davis and 

instructed her to remove certain pages and alter certain others. A copy of the documents 

provided to the debtor by Brooks via email are filed herewith as Exhibit A.

15. The petition which Brooks emailed to the debtor contained the following at page 

7:

 

addition, software from CIN Group, www.cincompass.com, was used.

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See Exhibit A filed herewith.

16. At Brooks’ request, the debtor removed page 7 from the petition. The petition 

which the debtor filed is numbered sequentially from page 6 to page 8, skipping page 7.

17. The Statement of Financial Affairs which Brooks provided to the debtor 

contained the following response to Question 16 on the Statement of Financial Affairs:

See Exhibit A, filed herewith.

18. On information and belief, Brooks instructed the debtor to “whiteout” the 

language about the Office of Marlene Johnson. Davis did as instructed, and the response 

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to Question 16, on the Statement of Financial Affairs, which Davis filed, appears below:

Case 18-72116-SCS, Doc 1, pages 39 and 40 of 57.

19. On June 15, 2018, the debtor filed the petition and other bankruptcy documents 

she had received from Brooks--revised as Brooks directed--commencing the instant case. 

20. Carolyn L. Camardo was appointed chapter 7 trustee.

21. The debtor and Brooks corresponded via email and telephone. They did not meet 

in person.

22. Davis paid Brooks $350 to prepare her bankruptcy documents; via PayPal, on 

January 17, 2018, she sent $350 to Brooks as a “Bankruptcy Fee.”

23. On information and belief, Brooks completed some of the bankruptcy documents 

with false information. For instance, she filled in the portion of the Chapter 7 Means Test--

requiring a statement of gross wages --with the false number $724.67. See Doc 1, page 45.2

 2 Schedule I indicates that debtor’s gross monthly wages are $4,348.00.

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24. Attached to Davis’ petition and other bankruptcy documents is a Form 201B –

Certification of Notice to Consumer Debtor(s) Under § 342(b) of the Bankruptcy Code –

Certificate of [Non-Attorney] Bankruptcy Petition Preparer. This form, although signed by the 

debtor, does not identify any non-attorney bankruptcy petition preparer, and all the portions of 

the document requesting such information are left blank. See Doc. 1 at 47 of 57. And see Exhibit 

A (form provided to debtor was blank).

25. No Form B119 – Bankruptcy Petition Preparer’s Notice, Declaration and 

Signature, was filed in this case.

26. Brooks did not disclose her bankruptcy assistance on any document filed in the 

debtor’s case.

27. Brooks did not place her own signature on any bankruptcy document prepared for 

the debtor and filed in the instant case.

28. Brooks did not put an identifying number on any document prepared for the 

debtor and filed in this case.

29. In the course of their dealings, via email and over the telephone, Brooks gave the 

debtor legal advice, including, but not limited to: advice about the purpose and benefits of filing 

bankruptcy, bankruptcy procedures and rights, the need for credit counseling and financial 

education, applying to waive the filing fee, classifying claims, responding to deadlines imposed 

by the Court in connection with the chapter 7 filing, and other legal matters. Brooks also 

furnished legal advice to the debtor by completing the Statement of Current Monthly Income and 

Disposable Income Calculation

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30. By providing legal advice to the debtor, Brooks engaged in the unauthorized 

practice of law in violation of Virginia Code. Ann. § 54.1-3904, and violated Part 6, § 1(A) of 

The Rules of the Supreme Court of Virginia. By providing the debtor with legal advice, Brooks 

engaged in fraudulent, unfair, or deceptive conduct.

31. By failing to disclose her participation in preparing the debtor’s bankruptcy 

documents, by preparing false bankruptcy documents, and by directing the debtor to alter 

bankruptcy documents, Brooks engaged in fraudulent, unfair, or deceptive conduct. 

 32. Upon information and belief, defendant did not provide Davis with the written 

notice required by 11 U.S.C. § 110(b)(2)(A), did not sign the notice under penalty of perjury, 

and did not file it with the bankruptcy documents filed in this case.3

 33. Defendant did not file a declaration under penalty of perjury together with the 

petition, disclosing any fee received from or on behalf of the debtor within 12 months 

immediately prior to the filing of this case, and any unpaid fee charged to Davis.

4

III. Brooks’ apparent misuse of software

34. In the case of Darell Hazelton, Case 18-11150, filed in the United States 

Bankruptcy Court, District of Maryland (Baltimore), an Attorney Disclosure was signed, above 

the line for the “Signature of Attorney,” by Ishere Brooks. Brooks purported to be 

connected with “The Office of Marlene Johnson,” Id., an attorney licensed to practice law in the 

State of Maryland and before the United States District Court for the District of Maryland. The 

 3 Official Form 119, Bankruptcy Petition Preparer’s Notice, Declaration, and Signature (12/15) is 

the appropriate form.

4 Official Form B2800 (12/15) is the appropriate form.

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United State Trustee investigated and, as a result of the investigation, reported that Brooks was

not connected in any way to the Office of Marlene Johnson, and that the attorney did not 

authorize Brooks to represent that she had any connection to the Office of Marlene Johnson. See

Case 18-11150, Doc 21.

35. The software used in the Hazelton case appears to be the same software 

used in the instant case, CINcompass, a cloud-based bankruptcy software “[c]reated for ...

bankruptcy attorney.” https://www.cincompass.com. The petition filed in the Hazelton case also 

skips page 7. Case 18-11150, Doc 1, page 6 of 43. It appears the response to Question 16 on the 

Statement of Financial Affairs was also altered. Case 18-11150, Doc 1, page 36 of 43.

36. In the Hazelton case, Brooks filed a response indicating that she had helped her 

“cousin on this software to do it with no fee” and she was not sure “how it added my name.” 

Case 18-11150, Doc 19. 

37. On information and belief, CINcompass only licenses its bankruptcy software to 

licensed attorneys and verifies that purchasers of its CINcompass software are licensed to 

practice law. 

38. CINcompass advised the U.S. Trustee that Brooks does not have and never had an

account with CINcompass, and it did not permit her to gain access to its software.

 III. Violations of section 110 of the United States Bankruptcy Code

Defendant failed to comply with the following provisions of section 110, at least 

ten times:

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• (b)(1): failing to sign the bankruptcy documents and print on the bankruptcy 

documents her name and address;

• (b)(2)(B): failing to provide Davis with the notice required by 11 U.S.C. § 

110(b)(2)(A) and failing to sign the notice under penalty of perjury and file it with the documents 

filed in this case;

• (c)(1): failing to place an identifying number on the bankruptcy documents 

after the preparers’ signature;5

• (e)(2): offering legal advice and engaging in the unauthorized practice of 

law;6

• (h)(2): failing to file a declaration under penalty of perjury disclosing any fee 

received from or on behalf of the debtor within 12 months immediately preceding the filing of 

the case; 

• (h) charging an excessive fee.

Fraudulent, unfair, and deceptive conduct

39. By providing legal advice to Davis, defendant engaged in the unauthorized 

practice of law in violation of Virginia Code. Ann. § 54.1-3904, and violated Part 6, § 1(A) of 

 5 If the bankruptcy preparer is an individual, the identifying number of a bankruptcy petition 

preparer shall be the Social Security account number of each individual who prepared the 

document or assisted in its preparation. If a bankruptcy petition preparer is not an individual, the 

identifying number of the bankruptcy petition preparer shall be the social security account 

number of the officer, principal, responsible person, or partner of the bankruptcy petition 

preparer. 11 U.S.C. § 110 (c)(2)(A).

6 Each instance of defendant giving legal advice to Davis is a violation of 11 U.S.C. § 

110(e)(2)(A).

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the Rules of the Supreme Court of Virginia. By providing Davis with legal advice, defendant

engaged in fraudulent, unfair, or deceptive conduct. 

40. By failing to disclose her participation in preparing Davis’s bankruptcy 

documents, defendant engaged in fraudulent, unfair, or deceptive conduct.

41. By advising Davis to alter bankruptcy documents, defendant engaged in 

fraudulent, unfair, or deceptive conduct.

42. By preparing false bankruptcy documents, defendant engaged in fraudulent, 

unfair, or deceptive conduct.

Assessment of Fines

43. Pursuant to section 110(l)(2), defendant should be fined $500 for each failure to 

comply with subsections (b), (c), (e), and (h), and she failed to comply with the provisions of 

section 110 at least ten times in this case. The Court should impose a total fine of $5,000.00.

Tripling of Fines

44. Pursuant to section 110(l)(2)(D), the fines assessed against defendant shall be 

tripled because she prepared bankruptcy documents in a manner that failed to disclose her

identity as a bankruptcy petition preparer. The Court shall triple the fines to $15,000.

Fees to be forfeited or disgorged

45. Pursuant to section 110(h)(3)(B), defendant should forfeit all fees charged in this 

case, because she failed to comply with sections (b), (c), and (e). 

46. In the alternative, $350 exceeds the reasonable value petition preparers may 

charge for their services, and defendant should be ordered to disgorge all fees in excess of the 

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amount this Court determines to be reasonable7

.

Statutory and Actual Damages

47. Pursuant to section 110(i)(1), this Court may award statutory damages to Davis

because of defendant’s violations of section 110 and her fraudulent, unfair, and deceptive 

conduct. The United States Trustee requests judgment against defendant in favor of Davis in the 

amount of $2,000. The Court should also assess additional damages to the extent the Court 

determines Davis suffered actual damages.

Injunction barring defendant from Acting as a Petition Preparer

(11 U.S.C. § 110(j))

48. By engaging in the unauthorized practice of law, and in the other activities set 

forth herein, defendant engaged in fraudulent, unfair, or deceptive conduct in violation of 11 

U.S.C. § 110(j)(1) and (2).

49. Defendant has continually engaged in conduct violating 11 U.S.C. 

§§ 110(j)(2)(A)(i)(I) and (III). 

50. Defendant has repeatedly engaged in conduct similar to that described in the 

preceding paragraphs while preparing bankruptcy documents for filing, for compensation, 

including providing legal advice in the seeking of bankruptcy relief and in the filing of 

bankruptcy documents. 

51. There is no adequate remedy at law to prevent defendant from violating section 

 7 This Court has previously permitted a bankruptcy petition preparer to charge $140 for lawful 

services. See In re: Latoya A. Cowell, Case No. 16-73949-FJS (Consent Order Regarding 

petition preparer, Eunice Murray entered February 9, 2017 ); In re Atiya Harpe, Case No. 10-

71147-SCS (Consent Order entered October 13, 2010 regarding Bankruptcy Petition Preparer 

Adrienne Enjoli Via).

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110 in future cases. An injunction prohibiting defendant from engaging in conduct in violation 

of section 110 would not be sufficient to present her interference with the proper 

administration of title 11. See 11 U.S.C. § 110(j)(2)(B).

52. The United States Trustee requests that this Court permanently enjoin defendant

from acting as a bankruptcy petition preparer as authorized by 11 U.S.C. § 110(j)(2)(B) and 

(j)(3). 

WHEREFORE, the U.S. Trustee respectfully requests that this Court:

A. fine defendant $500 for each failure to comply with 11 U.S.C. §§ 110(b)(1); 11 

U.S.C. § 110(b)(2)(B); 11 U.S.C. § 110(c)(1); 11 U.S.C. § 110(e); 11 U.S.C. § 110(h)(1); 11 

U.S.C. § 110(h)(2); and 11 U.S.C. § 110(e)(2)(A), payable to the United States Trustee for 

deposit pursuant to 11 U.S.C. §110(l)(4)(A), for a total fine of $5,000 and triple the fine to 

$15,000 as required by 11 U.S.C. §110(l)(2)(D);

B. award statutory damages to Tiffany Davis, in the amount of $2,000.00, pursuant 

to §110(i)(1), because defendant violated §110(e)(2)(A) and engaged in fraudulent, unfair, and 

deceptive conduct, and assess additional damages to the extent the Court determines Davis

suffered actual damages;

C. order the immediate forfeiture and turnover by defendant of the $350 in fees

collected from the debtor, pursuant to 11 U.S.C. § 110(h)(3), or, in the alternative to forfeiture 

of fees pursuant to 11 U.S.C. §110(h)(3)(B), order the immediate disallowance and turnover of 

all fees collected by defendant to the extent she exceed the value of any services rendered by 

defendant during the 12-month period immediately preceding the date of the filing of the 

debtor’s petition;

D. permanently enjoin defendant from acting as a bankruptcy petition preparer, 

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including using any entity or name to conduct activities as a bankruptcy petition preparer, in 

the Eastern District of Virginia, Norfolk and Newport News divisions; and

E. grant the U.S. Trustee such additional relief to which he may be entitled.

Dated: August 15, 2018

Respectfully submitted,

John P. Fitzgerald, III

ACTING UNITED STATES TRUSTEE 

REGION FOUR

By: /s/ Cecelia A. Weschler

Kenneth N. Whitehurst, III

Assistant U.S. Trustee

Cecelia A. Weschler

Trial Attorney

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