MEMORANDUM OF DECISION
This сase is before the court upon the objection of Valerie Ferguson (“debtor”) to *421 the claim of Marshall Brown. For reasons that follow, debtor’s objection is SUSTAINED.
I. JURISDICTION AND VENUE
The court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b) and the General Order of Referencе entered in this district on July 16, 1984. This is a core proceeding over which the court has jurisdiction pursuant to 28 U.S.C. § 157(b)(2)(B). Venue is proper in this judicial district pursuant to 28 U.S.C. § 1409(a).
II. BACKGROUND
Debtor filed her petition on August 15, 2004. The schedules accompanying the petition disclose debtor’s interеst in her home, which she valued at $66,000. The residence is encumbered by two mortgages totaling $71,806. Debtor scheduled unsecured nonpriority claims of $1,687 for balances owed on three credit cards. 1 In order to net monthly income of $1,600 before living expenses dеbtor maintains two jobs — working simultaneously as operations assistant for a transportation company and as a banquet server at a local hotel. Debtor’s statement of financial affairs reveals that her bankruptcy petition was preсeded by a foreclosure action initiated on June 8, 2004. The foreclosure ended with a default judgment entered on August 17, 2004 and the property was scheduled to be sold at a sheriffs sale on November 29, 2004. On September 23, 2004, debtor’s counsel filed a suggestion of bаnkruptcy in the state court proceeding, and debtor’s home was withdrawn from the list of properties to be sold by the sheriff.
On December 3, 2004, Marshall Brown (“Brown”) filed a claim for $568 for services performed between July 16, 2004 and September 16, 2004. (See Ex. A). Attached to thе proof of claim is a Foreclosure Services Agreement and a single page summary that detailed the property address, owner, previous date of transfer, market value, and other information regarding debtor’s home (“the property summаry”). The Foreclosure Services Agreement (“Agreement”) contemplates “loss mitigation and foreclosure negotiation services to be provided by Marshall Brown” who would “negotiate on [debtor’s] behalf for the purpose of settling the legal actions, and if possible, to cancel the foreclosure actions.” In return for this service debtor agreed to pay a deposit of $300 and an additional amount equal to one percent of either the appraised value or the loan value as stated in the foreclosure complaint, whichever was higher. Debtor was not obligated to pay the additional amount until the foreclosure action was cancelled by the mortgagee. No additional fee was due if the foreclosure was not cancelled. The property summary bears a handwritten notation which calculates a total fee of $668 based upon the appraised value of $66,800, less a $100 credit.
Debtor objected to Brown’s claim on March 7, 2005. Debtоr stated that the foreclosure proceeding was not cancelled, but merely stayed by operation of 11 U.S.C. § 362 as a result of debtor’s bankruptcy petition. Debtor reasoned that the Agreement was never fulfilled because the foreclosure proceeding was not cancelled and accordingly, debtor has no obligation to pay Brown.
*422 Brown responded that the status of the foreclosure proceeding in the state court docket is “closed” and that the property was withdrawn from sheriffs sale. Brown argued that his claim should be allowed.
Following Brown’s response, debtor’s objection was set for a hearing on April 18, 2005. Debtor appeared and presented the same arguments that appeared in her written objection. Brоwn did not appear.
III. DISCUSSION
A. Issues Presented
Debtor has raised the issue of whether Brown is entitled to payment for services because the foreclosure proceeding was not cancelled by the plaintiff. In addressing debtor’s objection the court must evaluate the nature of the agreement and the services Brown purported to offer. This, in turn, requires an inquiry about whether Brown seeks compensation for the unauthorized practice of law.
B. Case Law and Analysis
A bankruptcy court has the power to regulate the practiсe of law in the cases before it.
United States v. Johnson,
In this case, Brown claimed to provide unsuccessful foreclosure services, but avoided compounding the damage he had already caused because he did not thereafter participate in filing debtor’s bankruptcy. Nonetheless, debtor was prejudiced in the time period she received those “services.” It was thirty-two days after Brown arrived on duty that debtor had a default judgment taken against her. This resulted in a final judgment that permanently prejudiced her position and created additional expenses that now will be paid with her mortgage lender’s claim.
Bankruptcy courts issue orders when necessary to give full effect to the determinations of state courts regarding the unauthorized practice of law.
See In re Sanders,
Ohio law defining and prohibiting the unauthorized practice of law applies in this case. The Ohio Constitution vеsts the regulation of the practice of law in Ohio exclusively in the Ohio Supreme Court. Ohio Const, art. IV, § 5. The unauthorized practice of law consists of rendering legal services for another by any person not admitted to practice law in Ohio.
See Gov. Bar. R. VII(2) (A).
The Ohiо Supreme Court has, by its own acknowledgment, defined the practice of law expansively.
Sharon Village Ltd. v. Licking Cty. Bd. of Revision, 78
Ohio St.3d 479,
The Agreement between debt- or and Brown provided that Brown would “negotiate on [Ferguson’s] behalf for the purpose оf settling the legal actions, and if possible, to cancel the foreclosure actions.” Brown would also “contact the lenders of record and attempt to reach a settlement that is acceptable to all parties.” Therefore, Brown intended to insert himself between debtor and the mortgage company as an intermediary to advise, counsel, and negotiate on her behalf. A non-attorney who attempts to settle a pending lawsuit on behalf of one of the litigants is engagеd in the unauthorized practice of law. Cromwell at 244. Drawing logical inferences from the statements present in the Agreement, it is obvious that Brown’s activities fall within the unauthorized practice law as defined by the Ohio Supreme Court in Dworken and Cromwell. It is clearly an effort to advisе or negotiate to resolve a collection claim as in Telford. As *424 a non-attorney engaging in the unauthorized practice of law, Brown is not entitled to any fee.
In this case, a non-attorney held himself out as an expert in matters that are cleаrly legal in nature — precisely the situation that laws governing the unauthorized practice of law are intended to prevent. The Agreement contemplates potential “cancellation” of the foreclosure action. Any court proceeding, once filed, cannot be “cancelled.” The only potential final legal outcomes are judgment or dismissal. In debtor’s foreclosure case the matter proceeded to default judgment approximately one month after debtor signed the Agreement with Brown and gave him $300 to negotiate on her behalf. Oblivious to these legal realities, Brown responded to debtor’s objection by insisting that he is entitled to his fee because the foreclosure case is “closed.” In support of this statemеnt, he appended a printout from the state court docket and highlighted the case status. Brown’s inability to distinguish between a legal outcome and the terms used by the state court in administratively managing its docket underscores his lack of legal knowledge, аnd the use of the word “cancellation” in the Agreement leads to the inescapable conclusion that this is precisely the type of malfeasance to be prevented by restricting the unauthorized practice of law. Brown dabbles in legаl matters for which he is unlicensed and unqualified. Moreover, his inappropriate actions outlined above prejudiced debtor’s legal position. Ultimately, debt- or’s home was saved because she left Brown and hired a lawyer before the wheels of justice ground her down and out of her home.
Brown demonstrates consummate legal ineptitude by asking the legal system to require that debtor pay additional fees for the unauthorized practice of law. He filed a claim for $568, and also recеived a retainer of $300 when debtor signed the agreement. Adding these two amounts results in a total fee of $868, yet debtor received no benefit from the illegal services. Debtor had to file a bankruptcy petition to stay the sheriffs sale, and paid her bankruрtcy attorney a fee of $1,250. If debtor had paid Brown’s entire fee prior to filing her bankruptcy, he would have received nearly $900 for the unauthorized practice of law. Regulations prohibiting the unauthorized practice of law are intended tо protect the public from being advised in legal matters by incompetent, untrained, and potentially unreliable persons over whom the judicial branch of government can exercise little control.
In re Rose,
The court SUSTAINS debtor’s objection to the claim of Marshall Brown. Claim # 7 is DISALLOWED.
Notes
. The total amount of allowed unsecured claims, excluding the claim at issue here, is $989.76. The overwhelming majority of debts scheduled and claims filed are those secured by debtor’s home. It is clear that the primaiy reason for debtor’s chapter 13 case is her desire to save her home.
