Claw Back Default Judgment

Summary

In Massachusetts, to set aside a default judgment, you must show a meritorious claim or defense, providing evidence that could alter the case outcome. The forensic examination findings, revealing financial misconduct, can support this claim. Addressing these points in your argument strengthens your request to set aside the judgment. Consider including sections on forensic findings and trustee involvement to bolster your case.

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ill give you key points can you write a meritorious section. IV. Forensic Examination Findings: On February *, *, Lorraine Horton, Certified Fraud Examiner, was hired by Mr. Cronan (debtor) to analyze * Fountain Street LLC’s financial documents, including tax returns from * through *. The examination revealed activities indicative of:- Money laundering - Extensive commingling of funds Sham transfers- Backroom deals- Tax evasion and avoidance - Illegal transfer of Mr. Cronan's sharesV. Trustee's Involvement:
IV. Forensic Examination Findings:
On February *, *, Lorraine Horton, Certified Fraud Examiner, was hired by Mr. Cronan (debtor) to analyze * Fountain Street LLC’s financial documents, including tax returns from * through *. The examination revealed activities indicative of:
- Money laundering
- Extensive commingling of funds
- Sham transfers
- Backroom deals
- Tax evasion and avoidance
- Illegal transfer of Mr. Cronan's shares
These findings provide substantial evidence of financial misconduct and fraudulent activities. They can serve as strong grounds for a meritorious claim to set aside the default judgment, demonstrating that the judgment was based on fraudulent actions.
Would you like to know more about the specific steps to file a motion to set aside a default judgment in Massachusetts?
The bankruptcy trustee has been involved in these activities by filing a Statement of Non-Objection to the substitution of * Fountain Street LLC as the Plaintiff in this matter. This action supports * Fountain Street LLC's fraudulent scheme by engaging in monetary transactions, such as selling the $*,* default judgment for $*,* to them.. Lack of Accounting for Funds:- The Trustee's Final Report submitted on February *, *, indicates receipts and approved disbursements totaling $*,*.*, leaving a balance of $*.X. Failure to Provide Accounting of Reduced Judgment:- When the Trustee received the significantly reduced judgment of $*,* by * Fountain Street LLC, he did not provide an accounting to the creditors of the estate.- Mr. Cronan and Ms. Merritt seek to claw back the purchase of the default judgment, as it is prohibited against engaging in monetary transactions involving criminally derived property under * U.S.C. § * and * U.S.C. § *.
To set aside a default judgment in Massachusetts, you generally need to demonstrate:
- Meritorious claim or defense: Provide evidence that could change the case outcome.
- Valid reason for default: Explain why you missed the original proceedings.
Would you like details on how to file this motion?
so i should not just add it here in my conclusion?XI. Conclusion: - For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court: - Deny the trustee's latest request for compensation and reimbursement. - Set aside the default judgment. - Claw back the purchase of the default judgment.
Case Rating: *
It sounds like you are working on drafting a legal document. Adding a section on the meritorious claim based on the forensic examination findings can strengthen your case. It might fit better in the argument section rather than the conclusion.
Would you like more details on how to structure this section?
can you add another section following this oneIX. Failure to Provide Accounting of Reduced Judgment: - When the Trustee received the significantly reduced judgment of $*,* by * Fountain Street LLC, he did not provide an accounting to the creditors of the estate. - The Trustee should have completed the "Trustee's Final Report and Account" form to include this $*,* judgment. - The Debtor should have been served with this report to ensure transparency and compliance with bankruptcy procedures.
Case Rating: *
Sure! Here's the additional section you requested:
X. Meritorious Claim Based on Forensic Examination Findings:
- On February *, *, Certified Fraud Examiner Lorraine Horton was hired to analyze * Fountain Street LLC’s financial documents, including tax returns from * through *.
- The examination revealed activities indicative of:
- Money laundering
- Extensive commingling of funds
- Sham transfers
- Backroom deals
- Tax evasion and avoidance
- Illegal transfer of Mr. Cronan's shares
- These findings provide substantial evidence of financial misconduct and fraudulent activities.
- This evidence supports a meritorious claim to set aside the default judgment, as it demonstrates that the judgment was based on fraudulent actions.
ok. please revise the --- XI. Conclusion: - For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court: - Deny the trustee's latest request for compensation and reimbursement. - Set aside the default judgment. - Claw back the purchase of the default judgment. - Investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties.
Case Rating: *
Sure! Here's the revised conclusion:
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XI. Conclusion:
- For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court:
- Deny the trustee's latest request for compensation and reimbursement.
- Set aside the default judgment.
- Claw back the purchase of the default judgment.
- Investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties.
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Let me know if you need any more help!
so I can aske to set aside the default judgement becase i am addressing it in my argment?
Case Rating: *
Yes, you can request to set aside the default judgment by addressing it in your argument. Ensure that your argument includes strong evidence of a meritorious claim and valid reasons for the default. Include relevant sections, such as forensic examination findings, to support your case.
i dont know if I should submit the *-*-* Plaintiff's Answer to defendants expert Interrogatory wherby Ms.horton gives a report citing in more detail as to what she testified too . Additionally i have an email sent from Ms horton to eric Renner our attorney at the time on september * * wherby she clearly states the ownership of the companies in more detail. Should i cite these exhibits in this motion?
Case Rating: *
Yes, citing these exhibits in your motion can strengthen your argument by providing additional evidence to support your claims. Here's a concise approach:
- Submit the *-*-* Plaintiff's Answer as it provides detailed testimony.
- Include the email from Ms. Horton to Eric Renner from September *, *, to clarify company ownership.
Would you like more guidance on how to organize these exhibits in your motion?
the case that the report wasa submitted - Mr Cronan was unable to continue his attorney's services due to lack of funds and the court recently dismissed the case with prejudice per a motion from Mr. grieco and Mr Tiernan's attorney . on March * * Mr. Greico submitted the financial documents of * Fountain stLL as credible. Therefore the motion to dismiss with prejudice is not based on the merits of the case and we are waiting for a Motion of reconsideration from the court. filing fraudlent documents into state and federal courts we have recently come to the discovery that it constuits a pattern of racketeering and have timely filed a notice of removal under a Rico claim in the u.S. district Court MA and are filing motions such as this in bankrupct court trying to be as transparant as possible.
Case Rating: *
Your case appears to be quite complex and potentially high-value, involving financial misconduct, fraudulent activities, and a RICO claim.
Would you like to be connected to local lawyers who can better assist you with your case? If so, please provide the following information:
*. What is your phone number?
can you write a section explaining the court awarding Mr. grieco and Mr tiernan to dismiss the case with prejudice to explain it as evidence of our RICO claim and how the Plaintiff;s Answer have not come to be ajudicated.
Case Rating: *
Here’s a draft for the section you requested:
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XII. Dismissal with Prejudice and RICO Claim Evidence:
- On March *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC.
- This dismissal was not based on the merits of the case, as the Plaintiff’s Answer and associated evidence have not been adjudicated.
- The forensic examination findings by Ms. Lorraine Horton, detailing financial misconduct and fraudulent activities, were submitted but not considered before the dismissal.
- The dismissal with prejudice, therefore, serves as evidence of a pattern of racketeering under the RICO claim, supported by the fraudulent submissions to state and federal courts.
- We are awaiting a Motion for Reconsideration from the court, and in the meantime, have filed a notice of removal under a RICO claim in the U.S. District Court MA, maintaining transparency by filing relevant motions in bankruptcy court.
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*. What is your name?
following the reguest by Mr. Grieco and Mr. tiernan's attorney on 23rd day of October, *, the court dismissed... on March * * Mr. Grieco had submitted financial documets as discovery requests.
Case Rating: *
Your case appears to involve significant financial misconduct, fraudulent activities, and a potential RICO claim. This seems like a high-value case that would benefit from professional legal assistance.
Would you like to be connected to local lawyers who can better assist you with your case?
If so, please provide the following information:
*. What is your phone number?
please revise - On March *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC.
Case Rating: *
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Here's your revised section:
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On March *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC.
the date is wrong -following the reguest by Mr. Grieco and Mr. tiernan's attorney on 23rd day of October, *,
Case Rating: *
I see you have a complex legal matter involving financial misconduct and potential RICO claims. Correcting the date:
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On October *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC.
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if march * * they submitted fruadlent financiail documents according to a forensic accountnat can I toll this time to feb * * her testimony?
Case Rating: *
In Massachusetts, the statute of limitations for fraud can be tolled if the fraudulent activity was not discovered until later. Here are some points:
- The discovery rule may allow the statute of limitations to start from the date the fraud was discovered.
- You may use the forensic accountant's testimony to support your claim.
Would you like more details on filing a motion based on this information?
why may i use the testimony verses the early expert interrogatory by the forenis accountant/
Case Rating: *
You may use the forensic accountant's testimony versus the earlier expert interrogatory for several reasons:
- Detailed Findings: The testimony likely provides more comprehensive and detailed findings than the interrogatory.
- Credibility: Live testimony may carry more weight and credibility in court compared to written responses.
- Updated Information: Testimony may include more recent discoveries or clarifications.
Would you like more details on presenting this evidence in your motion?
yes please write the sections on how to present it in my motion.
Case Rating: *
Certainly! Here are some sections you can include in your motion to set aside the default judgment, emphasizing the forensic accountant's findings and their relevance:
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X. Forensic Examination Findings:
- On February *, *, Certified Fraud Examiner Lorraine Horton was hired to analyze * Fountain Street LLC’s financial documents, including tax returns from * through *.
- The examination revealed activities indicative of:
- Money laundering
- Extensive commingling of funds
- Sham transfers
- Backroom deals
- Tax evasion and avoidance
- Illegal transfer of Mr. Cronan's shares
- These findings provide substantial evidence of financial misconduct and fraudulent activities.
- This evidence supports a meritorious claim to set aside the default judgment, as it demonstrates that the judgment was based on fraudulent actions.
XI. Use of Forensic Testimony:
- The forensic accountant's testimony provides detailed and comprehensive findings that support the discovery of fraudulent activities.
- Live testimony from the forensic accountant offers greater credibility and weight in court compared to written responses.
- This testimony includes recent discoveries and clarifications that enhance the evidence of financial misconduct.
- The court should consider this testimony in evaluating the request to set aside the default judgment.
XII. Dismissal with Prejudice and RICO Claim Evidence:
- On October *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC.
- This dismissal was not based on the merits of the case, as the Plaintiff’s Answer and associated evidence have not been adjudicated.
- The forensic examination findings by Ms. Lorraine Horton, detailing financial misconduct and fraudulent activities, were submitted but not considered before the dismissal.
- The dismissal with prejudice serves as evidence of a pattern of racketeering under the RICO claim, supported by the fraudulent submissions to state and federal courts.
- We are awaiting a Motion for Reconsideration from the court, and in the meantime, have filed a notice of removal under a RICO claim in the U.S. District Court MA, maintaining transparency by filing relevant motions in bankruptcy court.
XIII. Conclusion:
- For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court:
- Deny the trustee's latest request for compensation and reimbursement.
- Set aside the default judgment.
- Claw back the purchase of the default judgment.
- Investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties.
---
Would you like to be connected to local lawyers who can better assist you with your case? If so, please provide the following information:
*. What is your name?
rather than asking the court to set aside the default judgement which the court may be resistant to doing do we have the right to ask the court to claw back the default judgment as under the federal money laundering law and or bankruptcy law it is prohibited to engage in monetary transactions in criminally derived property which has been established by the forensic accnt. additionally if the court agrees to then sell it to us for the same reduced price of $*. Or do you think i should ask to just set aside the judgement?
Case Rating: *
It seems like your situation is complex and involves significant financial misconduct. Here are a few options to consider:
- Claw Back the Default Judgment: You can argue that the default judgment involves criminally derived property, which is prohibited under federal money laundering and bankruptcy laws.
- Set Aside the Default Judgment: Provide substantial evidence of fraud and a meritorious claim to support this request.
Would you like more detailed information on how to proceed with either of these options, or do you prefer to be connected to local lawyers who can better assist you with your case?
can you write this legally- The Asset purchase agreement on *-*-* was amde by and bewteen the trustee , Mr. Grieco and Mr. Cronan to dismentle the Classic display Inc. (dbetor in this case) Ownership . mR. GRIECO, mR TIERNAN AND mR CRONAN FORMED A * WAY PARTNERSHIP CALLed the Classic Group In.c . Mr. grieco would be the aaccountanrt for each personally and the new coopration. Mr Cronan the manufacteurer of the actula displays and Mr. tiernan the silent money partner. The Classic Group was incorporated on */*/*, and the first tax return at */*/* shows that Cronan, Grieco and Tiernan were each one-third owners of the S corporation in *. Each shared equally in the $75K operating loss for that year, and Mike’s [Mr. Cronan]personal tax return correctly reports his one-third ownership share.
Case Rating: *
Sure, here’s a revised version:
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The Asset Purchase Agreement dated August *, *, was made by and between the trustee, Mr. Grieco, and Mr. Cronan to dismantle Classic Display Inc. (the debtor in this case) ownership. Mr. Grieco, Mr. Tiernan, and Mr. Cronan formed a three-way partnership called The Classic Group Inc. Mr. Grieco would serve as the accountant for each partner personally and the new corporation, Mr. Cronan would be the manufacturer of the actual displays, and Mr. Tiernan would be the silent money partner. The Classic Group was incorporated on August *, *, and the first tax return as of December *, *, shows that Cronan, Grieco, and Tiernan were each one-third owners of the S corporation in *. Each partner shared equally in the $*,* operating loss for that year, and Mr. Cronan’s personal tax return correctly reports his one-third ownership share.
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Effective */*/* Mike’s one-third share was transferred to Tiernan, and from * forward the ownership of Classic Group is one-third Greico, two-thirds Tiernan. The shares were trnasferred for no comensation as part of the scheme. * Fountain Street LLC was incorporated on */*/* and files a partnership tax return. As part of the schmem on feburary *, * mr. grieco and mr. tiernan the sale of * Fountain street owned by Mr. Cronan Cronan realty LLC was purchased for *,* the building was valued at that time for one million dollars. The ownership of that entity was initially */* Grieco and Tiernan, with both income, losses and equity equally split between the two. But in * and all subsequent years, Tiernan gets *% of any profit, but
Case Rating: *
It looks like your case involves considerable financial misconduct and complex legal issues. Here’s the revised section you requested:
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Effective January *, *, Mike’s one-third share was transferred to Tiernan, and from * forward, the ownership of Classic Group is one-third Grieco, two-thirds Tiernan. The shares were transferred for no compensation as part of the scheme. * Fountain Street LLC was incorporated on March *, *, and files a partnership tax return. As part of the scheme, on February *, *, Mr. Grieco and Mr. Tiernan facilitated the sale of * Fountain Street, owned by Mr. Cronan (Cronan Realty LLC), which was purchased for $*,*, although the building was valued at that time for one million dollars. The ownership of that entity was initially */* between Grieco and Tiernan, with both income, losses, and equity equally split between the two. However, in * and all subsequent years, Tiernan receives *% of any profit, but...
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*. What is your phone number?
losses and equity remain */* between the two partners. This is an unusual arrangement. Today Mr. Greico and Mr Tiernan deny that Mr. cronan was an egual partner of the classic group Inc and * Fountain Street LLC.From * to * when Mr. XCronan was a victim to an illgal eviction by hi so-called partners they money laundered all fuds to * Fountain Street LLC and destroyed Classic Group Inc in violation to RICO * (a). Mr. Crona has lost hos business and property .
Case Rating: *
Your situation involves significant financial misconduct and a potential RICO claim, indicating a high-value case that would benefit from professional legal assistance.
Would you like to be connected to local lawyers who can better assist you with your case? If so, please provide the following information:
*. What is your phone number?
no please finish- losses and equity remain */* between the two partners. This is an unusual arrangement. Today Mr. Greico and Mr Tiernan deny that Mr. cronan was an egual partner of the classic group Inc and * Fountain Street LLC.From * to * when Mr. Cronan was a victim to an illgal eviction by hi so-called partners they money laundered all funds to * Fountain Street LLC and destroyed Classic Group Inc in violation to RICO * (a). Mr. Cronan has lost his business and property . Mr. Cronan is the owner of classic group Inc and * Fountain Street. In the matter The bonowers argue that their injury did not occur until the foreclosure action in20l7, and are thus not barred. The court agrees with the borrowers {mr cronan and Ms Merritt].Grieco is correct that the statute of limitations for each of the borrowers'
Case Rating: *
Your situation involves significant financial misconduct, potential RICO violations, and substantial losses. This is a high-value case that would benefit from professional legal assistance.
Would you like to be connected to local lawyers who can better assist you with your case? If so, please provide the following information:
*. What is your phone number?
caused by the defendant's conduct."' Accordingly, the bortowers' counterclaims are brought within the applicable statute of limitations according to Judge Daniel shea on march *, *. there all the counts except the count for emotional damages against Mr. grieco, or fidcuaiary is goin to trial May *. This is important because between the work of the foresnic accountant and Judge Shea our story is finally being heard and ajdicated.I dont know how to say this . Please resvise and write.
Case Rating: *
Here’s the revised version:
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On March *, *, Judge Daniel Shea determined that the borrowers' counterclaims were brought within the applicable statute of limitations. Consequently, all counts, except for the count for emotional damages against Mr. Grieco, are going to trial in May *. This development is significant because, with the forensic accountant's work and Judge Shea's decision, our story is finally being heard and adjudicated.
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*. What is your phone number?
no please readcounterclaims is six years or less, starting at the latest from the date the loans were due, March *, *. See G. L. c. *, $ 5A (four years for c. 93A claims (Count I)); G. L. c.*, $ * (three years for negligence and malpractice claims (Count II)); G. L. c.*, $ * (six years for breach of contract claims (Count III); G. L. c.*, $2A (three years for breach of fiduciary duty, misrepresentation, fraud, constructive fraud, fraudulent concealment, fraudulent non-disclosure, intentional infliction of distress, and unjust enrichment claims (Counts fV, V, VII, and VIII, IX)). However, under the discovery ruIe, '1he limitation period accrues when the plaintiffhas 'sufficient notice of two related facts: (*) that [they were] harrred; and(*) that [their] hann was
Case Rating: *
Based on your detailed explanation, it appears you have strong grounds to argue financial misconduct and fraudulent activities. Here’s the revised section you requested:
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Dismissal with Prejudice and RICO Claim Evidence:
- On October *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC.
- This dismissal was not based on the merits of the case, as the Plaintiff’s Answer and associated evidence have not been adjudicated.
- The forensic examination findings by Ms. Lorraine Horton, detailing financial misconduct and fraudulent activities, were submitted but not considered before the dismissal.
- The dismissal with prejudice serves as evidence of a pattern of racketeering under the RICO claim, supported by the fraudulent submissions to state and federal courts.
- We are awaiting a Motion for Reconsideration from the court, and in the meantime, have filed a notice of removal under a RICO claim in the U.S. District Court MA, maintaining transparency by filing relevant motions in bankruptcy court.
Ownership and Financial Misconduct:
- Effective January *, *, Mike’s one-third share was transferred to Tiernan, making the ownership of Classic Group one-third Grieco, two-thirds Tiernan. The shares were transferred for no compensation as part of the scheme.
- * Fountain Street LLC was incorporated on March *, *, and files a partnership tax return. As part of the scheme, on February *, *, Mr. Grieco and Mr. Tiernan facilitated the sale of * Fountain Street, owned by Mr. Cronan (Cronan Realty LLC), for $*,*, although the building was valued at one million dollars.
- The ownership of * Fountain Street LLC was initially */* between Grieco and Tiernan, with both income, losses, and equity equally split. However, in * and subsequent years, Tiernan receives *% of any profit, while losses and equity remain */*.
- Today, Mr. Grieco and Mr. Tiernan deny Mr. Cronan’s equal partnership in Classic Group Inc and * Fountain Street LLC.
- From * to *, when Mr. Cronan was illegally evicted by his partners, they laundered funds through * Fountain Street LLC and dismantled Classic Group Inc, in violation of RICO *(a). Mr. Cronan has consequently lost his business and property.
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If you prefer, you can focus on clawing back the default judgment based on federal money laundering and bankruptcy laws, as engaging in monetary transactions involving criminally derived property is prohibited.
Would you like to proceed with connecting to local lawyers who can better assist you with your case? If so, please provide the following information:
*. What is your phone number?
can you send me for The aset purchase agreement with proper headings onward with rlief requested and conclusion that you think would be reasoanble to reguest.
Case Rating: *
Sure, I can help provide a structured outline for the Asset Purchase Agreement along with the relief requested and conclusion:
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ASSET PURCHASE AGREEMENT
I. Parties Involved:
- Trustee
- Mr. Grieco
- Mr. Cronan
II. Background:
- Formation of the Classic Group Inc. partnership.
- Roles of each partner:
- Mr. Grieco: Accountant
- Mr. Cronan: Manufacturer
- Mr. Tiernan: Silent partner
III. Terms of the Agreement:
- Incorporation date: August *, *
- Ownership distribution:
- Initial: One-third each (Greico, Cronan, Tiernan)
- Post-transfer (*/*/*): One-third Greico, two-thirds Tiernan
- Transfer of shares for no compensation as part of alleged scheme
IV. Forensic Examination Findings:
- Examination by Certified Fraud Examiner Lorraine Horton on February *, *
- Findings:
- Money laundering
- Extensive commingling of funds
- Sham transfers
- Backroom deals
- Tax evasion and avoidance
- Illegal transfer of Mr. Cronan's shares
V. Trustee's Involvement:
- Non-Objection to substitution of * Fountain Street LLC as Plaintiff
- Sale of $*,* default judgment for $*,*
- Lack of accounting for funds
VI. Financial Misconduct:
- Incorporation of * Fountain Street LLC on March *, *
- Sale of * Fountain Street for $*,*, valued at $*,*,*
- Ownership initially */* (Greico and Tiernan), later *% profit to Tiernan
VII. Fraudulent Activities:
- Illegal eviction of Mr. Cronan
- Money laundering and dismantling Classic Group Inc.
- Violation of RICO *(a)
VIII. Statute of Limitations:
- Counterclaims within the applicable statute of limitations as determined by Judge Daniel Shea on March *, *
IX. Relief Requested:
- Deny the trustee's latest request for compensation and reimbursement.
- Set aside the default judgment.
- Claw back the purchase of the default judgment.
- Investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties.
X. Conclusion:
- For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court:
- Deny the trustee's latest request for compensation and reimbursement.
- Set aside the default judgment.
- Claw back the purchase of the default judgment.
- Investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties.
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This structured outline should help you draft your Asset Purchase Agreement with the necessary details and relief requested effectively. If you need further assistance, feel free to ask!
send from
Case Rating: *
It appears that your case involves significant financial misconduct and potential RICO violations, making it a high-value case for a lawyer. Would you like to be connected to local lawyers who can better assist you with your case?
If so, please provide the following information:
*. What is your name?
Let's start with that and proceed step-by-step.
please only send me the section under III. Terms of the Agreement:
Case Rating: *
Sure! Here is the section under III. Terms of the Agreement:
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III. Terms of the Agreement:
- Incorporation date: August *, *
- Ownership distribution:
- Initial: One-third each (Greico, Cronan, Tiernan)
- Post-transfer (*/*/*): One-third Greico, two-thirds Tiernan
- Transfer of shares for no compensation as part of alleged scheme
the paragraph explaining it instead of bullet points.
Case Rating: *
Sure! Here’s the section under “Terms of the Agreement” in paragraph form:
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The terms of the Asset Purchase Agreement, effective as of August *, *, outlined the formation and ownership distribution of The Classic Group Inc. Initially, the ownership was divided equally among the three partners: Mr. Grieco, Mr. Cronan, and Mr. Tiernan, each holding one-third of the shares. However, effective January *, *, Mr. Cronan’s one-third share was transferred to Mr. Tiernan, resulting in an ownership distribution of one-third to Mr. Grieco and two-thirds to Mr. Tiernan. Notably, this transfer of shares occurred without any compensation, suggesting it was part of an alleged scheme.
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If you need further assistance, feel free to ask!
do I need to add The Classic Group was incorporated on */*/*, and the first tax return at */*/* shows that Cronan, Grieco and Tiernan were each one-third owners of the S corporation in *. Each shared equally in the $75K operating loss for that year, and Mike’s personal tax return correctly reports his one-third ownership share. Effective */*/* Mike’s one-third share was transferred to Tiernan, and from * forward the ownership of Classic Group is one-third Greico, two-thirds Tiernan. according to Ms Horton.
Case Rating: *
You can certainly add that information to provide more context and support your argument. Here’s how you can include it:
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III. Terms of the Agreement:
The terms of the Asset Purchase Agreement, effective as of August *, *, outlined the formation and ownership distribution of The Classic Group Inc. Initially, the ownership was divided equally among the three partners: Mr. Grieco, Mr. Cronan, and Mr. Tiernan, each holding one-third of the shares. The Classic Group was incorporated on August *, *, and the first tax return as of December *, *, shows that Cronan, Grieco, and Tiernan were each one-third owners of the S corporation in *. Each partner shared equally in the $*,* operating loss for that year, and Mr. Cronan’s personal tax return correctly reports his one-third ownership share.
Effective January *, *, Mr. Cronan’s one-third share was transferred to Mr. Tiernan, resulting in an ownership distribution of one-third to Mr. Grieco and two-thirds to Mr. Tiernan. The shares were transferred for no compensation as part of an alleged scheme.
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*. What is your phone number?
please send me the papargraphs for Background and terms of the agreement
Case Rating: *
Sure! Here are the paragraphs for the Background and Terms of the Agreement sections:
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II. Background:
The Classic Group Inc. was formed through an Asset Purchase Agreement dated August *, *. The agreement involved the trustee, Mr. Grieco, and Mr. Cronan, and aimed to dismantle Classic Display Inc. (the debtor in this case) ownership. The Classic Group Inc. was incorporated with three partners: Mr. Grieco, who served as the accountant for each partner and the new corporation; Mr. Cronan, who was the manufacturer of the actual displays; and Mr. Tiernan, who acted as the silent money partner. The partnership was intended to leverage the strengths of each partner to operate successfully in the display manufacturing industry.
III. Terms of the Agreement:
The terms of the Asset Purchase Agreement, effective as of August *, *, outlined the formation and ownership distribution of The Classic Group Inc. Initially, the ownership was divided equally among the three partners: Mr. Grieco, Mr. Cronan, and Mr. Tiernan, each holding one-third of the shares. The Classic Group was incorporated on August *, *, and the first tax return as of December *, *, shows that Cronan, Grieco, and Tiernan were each one-third owners of the S corporation in *. Each partner shared equally in the $*,* operating loss for that year, and Mr. Cronan’s personal tax return correctly reports his one-third ownership share. Effective January *, *, Mr. Cronan’s one-third share was transferred to Mr. Tiernan, resulting in an ownership distribution of one-third to Mr. Grieco and two-thirds to Mr. Tiernan. The shares were transferred for no compensation as part of an alleged scheme.
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Feel free to let me know if you need any additional information or further assistance!
please now give me the next two sections in paragraphs
Case Rating: *
Sure! Here are the next two sections in paragraph form:
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IV. Forensic Examination Findings:
On February *, *, Certified Fraud Examiner Lorraine Horton was hired to analyze the financial documents of * Fountain Street LLC, including tax returns from * through *. The examination revealed significant evidence of financial misconduct, including money laundering, extensive commingling of funds, sham transfers, backroom deals, tax evasion, and the illegal transfer of Mr. Cronan's shares. These findings provide substantial grounds for a meritorious claim to set aside the default judgment, as they demonstrate that the judgment was based on fraudulent activities.
V. Trustee's Involvement:
The bankruptcy trustee played a significant role in these activities by filing a Statement of Non-Objection to the substitution of * Fountain Street LLC as the Plaintiff in this matter. This action supported * Fountain Street LLC's fraudulent scheme by engaging in monetary transactions such as selling the $*,* default judgment for $*,* to them. Additionally, the Trustee's Final Report submitted on February *, *, indicated receipts and approved disbursements totaling $*,*.*, leaving a balance of $*. The Trustee failed to provide an accounting for the significantly reduced judgment of $*,*, which should have been documented in the "Trustee's Final Report and Account" form and served to the Debtor to ensure transparency and compliance with bankruptcy procedures.
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please give me the next thresse sections in paragraph
Case Rating: *
Certainly! Here are the next three sections in paragraph form:
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VI. Financial Misconduct:
* Fountain Street LLC was incorporated on March *, *, and filed a partnership tax return. As part of the scheme, on February *, *, Mr. Grieco and Mr. Tiernan facilitated the sale of * Fountain Street, owned by Mr. Cronan's Cronan Realty LLC, for $*,*, although the building was valued at one million dollars. Initially, the ownership of * Fountain Street LLC was split */* between Grieco and Tiernan, with both income, losses, and equity equally divided. However, from * onwards, Tiernan was allocated *% of any profits, while losses and equity remained */*, indicating a further manipulation of the financial arrangements.
VII. Fraudulent Activities:
From * to *, Mr. Cronan was subjected to an illegal eviction by his partners, who laundered funds through * Fountain Street LLC and dismantled Classic Group Inc., violating RICO *(a). As a result of these fraudulent activities, Mr. Cronan lost his business and property. Today, Mr. Grieco and Mr. Tiernan deny Mr. Cronan’s equal partnership in Classic Group Inc. and * Fountain Street LLC, further complicating the financial and legal entanglements resulting from their actions.
VIII. Statute of Limitations:
The statute of limitations for each of the borrowers' counterclaims is six years or less, starting at the latest from the date the loans were due, March *, *. According to Judge Daniel Shea's ruling on March *, *, the borrowers' counterclaims were brought within the applicable statute of limitations. The court recognized that under the discovery rule, the limitation period accrues when the plaintiff has sufficient notice of two related facts: that they were harmed and that their harm was caused by the defendant's conduct. This ruling allows the borrowers' counterclaims to proceed to trial in May *, except for the count for emotional damages against Mr. Grieco.
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please send me the remaining paragraphs
Case Rating: *
Of course! Here are the remaining sections in paragraph form:
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IX. Relief Requested:
Mr. Cronan and Ms. Merritt respectfully request that the Court deny the trustee's latest request for compensation and reimbursement, set aside the default judgment, and claw back the purchase of the default judgment. Additionally, they ask the Court to investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties. The relief sought is crucial to addressing the financial misconduct and restoring justice in light of the fraudulent activities uncovered.
X. Conclusion:
For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court deny the trustee's latest request for compensation and reimbursement, set aside the default judgment, claw back the purchase of the default judgment, and investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties. The forensic examination findings, the trustee's involvement, and the financial misconduct detailed in this motion provide substantial grounds for the relief requested. The Court's intervention is necessary to rectify the injustices suffered by Mr. Cronan and Ms. Merritt and to ensure transparency and accountability in the proceedings.
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where do i insert Dismissal with Prejudice and RICO Claim Evidence:
Case Rating: *
It sounds like you have a strong and complex case involving financial misconduct, fraud, and RICO claims. Here's where you can insert the "Dismissal with Prejudice and RICO Claim Evidence" section in your motion:
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VIII. Statute of Limitations:
The statute of limitations for each of the borrowers' counterclaims is six years or less, starting at the latest from the date the loans were due, March *, *. According to Judge Daniel Shea's ruling on March *, *, the borrowers' counterclaims were brought within the applicable statute of limitations. The court recognized that under the discovery rule, the limitation period accrues when the plaintiff has sufficient notice of two related facts: that they were harmed and that their harm was caused by the defendant's conduct. This ruling allows the borrowers' counterclaims to proceed to trial in May *, except for the count for emotional damages against Mr. Grieco.
IX. Dismissal with Prejudice and RICO Claim Evidence:
On October *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC. This dismissal was not based on the merits of the case, as the Plaintiff’s Answer and associated evidence have not been adjudicated. The forensic examination findings by Ms. Lorraine Horton, detailing financial misconduct and fraudulent activities, were submitted but not considered before the dismissal. The dismissal with prejudice serves as evidence of a pattern of racketeering under the RICO claim, supported by the fraudulent submissions to state and federal courts. We are awaiting a Motion for Reconsideration from the court, and in the meantime, have filed a notice of removal under a RICO claim in the U.S. District Court MA, maintaining transparency by filing relevant motions in bankruptcy court.
X. Relief Requested:
Mr. Cronan and Ms. Merritt respectfully request that the Court deny the trustee's latest request for compensation and reimbursement, set aside the default judgment, and claw back the purchase of the default judgment. Additionally, they ask the Court to investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties. The relief sought is crucial to addressing the financial misconduct and restoring justice in light of the fraudulent activities uncovered.
XI. Conclusion:
For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court deny the trustee's latest request for compensation and reimbursement, set aside the default judgment, claw back the purchase of the default judgment, and investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties. The forensic examination findings, the trustee's involvement, and the financial misconduct detailed in this motion provide substantial grounds for the relief requested. The Court's intervention is necessary to rectify the injustices suffered by Mr. Cronan and Ms. Merritt and to ensure transparency and accountability in the proceedings.
---
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i confused is this motion to object to trustees request for On February *, *, the Trustee sought additional funds of $*,*.*, stating that the trust is overdrawn from the period of July *, *, through March *, 202I. Introduction: On March *, *, Mr. Cronan and Ms. Merritt filed a motion for an extension of time to object to the trustee's request until April *, *. This motion is in support of that request.
Case Rating: *
It sounds like you are working on a motion to object to the trustee's request for additional funds. Here's a concise summary of what you need to address:
- Introduction: State the date and details of the trustee's request for additional funds.
- Background: Provide context about the case, including the roles of Mr. Cronan and Ms. Merritt.
- Forensic Examination Findings: Detail the findings from the forensic examination that suggest financial misconduct.
- Trustee’s Involvement: Explain how the trustee's actions support the fraudulent scheme.
- Financial Misconduct and Fraudulent Activities: Elaborate on the illegal activities and their impact on Mr. Cronan and Ms. Merritt.
- Relief Requested: Specify what you are asking the court to do, such as denying the trustee's request for additional funds and investigating the misconduct.
- Conclusion: Summarize the reasons for the relief requested.
Would you like more detailed information on how to structure each section, or do you need assistance with another aspect of your motion?
so can i send you my argement sections to include in the above motion yo deny the trustee's latest request for compensation and reimbursement as i have more to add to support the request and you insert it?
Case Rating: *
Sure, I can help you structure and insert your argument sections into your motion. Please go ahead and share the additional sections you want to include, and I'll assist in integrating them effectively within the motion.
Lack of Accounting for Funds: - The Trustee's Final Report submitted on February *, *, indicates receipts and approved disbursements totaling $*,*.*, leaving a balance of $*. - There is no detailed accounting or itemization of how these funds were disbursed, raising concerns about the proper handling and allocation of these assets. - The report lacks transparency regarding the disbursements, which is inconsistent with standard bankruptcy procedures according to Rule * and * U.S.C. § *. - The involvement of * Fountain Street LLC, created through the dismantling of Classic Display Inc. using illegal funds, further complicates the situation. Integrity of the Trustee's Actions: Incorrect Additional Funds Request:
Case Rating: *
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- On February *, *, the Trustee sought additional funds of $*,*.*, stating that the trust is overdrawn from the period of July *, *, through March *, *. - The Trustee claimed extensive and diligent efforts to collect the judgment, including lengthy travel (citing Docs *, *, *). - This claim is incorrect as neither Mr. Cronan nor Ms. Merritt received any certified letters, emails, or phone calls from the Trustee regarding this matter.
Case Rating: *
It looks like you have substantial grounds to argue against the trustee's request for additional funds, supported by evidence of financial misconduct and lack of transparency.
Would you like to be connected to local lawyers who can better assist you with your case? If so, please provide the following information:
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no please insert in the motion
Case Rating: *
Sure, here’s the structured motion incorporating your arguments:
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MOTION TO OBJECT TO TRUSTEE'S REQUEST FOR ADDITIONAL FUNDS
I. Introduction
On February *, *, the Trustee sought additional funds of $*,*.*, stating that the trust is overdrawn from the period of July *, *, through March *, *. On March *, *, Mr. Cronan and Ms. Merritt filed a motion for an extension of time to object to the trustee's request until April *, *. This motion is in support of that request.
II. Background
The Classic Group Inc. was formed through an Asset Purchase Agreement dated August *, *. The agreement involved the trustee, Mr. Grieco, and Mr. Cronan, and aimed to dismantle Classic Display Inc. (the debtor in this case) ownership. The Classic Group Inc. was incorporated with three partners: Mr. Grieco, who served as the accountant for each partner and the new corporation; Mr. Cronan, who was the manufacturer of the actual displays; and Mr. Tiernan, who acted as the silent money partner. The partnership was intended to leverage the strengths of each partner to operate successfully in the display manufacturing industry.
III. Terms of the Agreement
The terms of the Asset Purchase Agreement, effective as of August *, *, outlined the formation and ownership distribution of The Classic Group Inc. Initially, the ownership was divided equally among the three partners: Mr. Grieco, Mr. Cronan, and Mr. Tiernan, each holding one-third of the shares. The Classic Group was incorporated on August *, *, and the first tax return as of December *, *, shows that Cronan, Grieco, and Tiernan were each one-third owners of the S corporation in *. Each partner shared equally in the $*,* operating loss for that year, and Mr. Cronan’s personal tax return correctly reports his one-third ownership share. Effective January *, *, Mr. Cronan’s one-third share was transferred to Mr. Tiernan, resulting in an ownership distribution of one-third to Mr. Grieco and two-thirds to Mr. Tiernan. The shares were transferred for no compensation as part of an alleged scheme.
IV. Forensic Examination Findings
On February *, *, Certified Fraud Examiner Lorraine Horton was hired to analyze the financial documents of * Fountain Street LLC, including tax returns from * through *. The examination revealed significant evidence of financial misconduct, including money laundering, extensive commingling of funds, sham transfers, backroom deals, tax evasion, and the illegal transfer of Mr. Cronan's shares. These findings provide substantial grounds for a meritorious claim to set aside the default judgment, as they demonstrate that the judgment was based on fraudulent activities.
V. Trustee's Involvement
The bankruptcy trustee played a significant role in these activities by filing a Statement of Non-Objection to the substitution of * Fountain Street LLC as the Plaintiff in this matter. This action supported * Fountain Street LLC's fraudulent scheme by engaging in monetary transactions such as selling the $*,* default judgment for $*,* to them. Additionally, the Trustee's Final Report submitted on February *, *, indicated receipts and approved disbursements totaling $*,*.*, leaving a balance of $*. The Trustee failed to provide an accounting for the significantly reduced judgment of $*,*, which should have been documented in the "Trustee's Final Report and Account" form and served to the Debtor to ensure transparency and compliance with bankruptcy procedures.
VI. Financial Misconduct
* Fountain Street LLC was incorporated on March *, *, and filed a partnership tax return. As part of the scheme, on February *, *, Mr. Grieco and Mr. Tiernan facilitated the sale of * Fountain Street, owned by Mr. Cronan's Cronan Realty LLC, for $*,*, although the building was valued at one million dollars. Initially, the ownership of * Fountain Street LLC was split */* between Grieco and Tiernan, with both income, losses, and equity equally divided. However, from * onwards, Tiernan was allocated *% of any profits, while losses and equity remained */*, indicating a further manipulation of the financial arrangements.
VII. Fraudulent Activities
From * to *, Mr. Cronan was subjected to an illegal eviction by his partners, who laundered funds through * Fountain Street LLC and dismantled Classic Group Inc., violating RICO *(a). As a result of these fraudulent activities, Mr. Cronan lost his business and property. Today, Mr. Grieco and Mr. Tiernan deny Mr. Cronan’s equal partnership in Classic Group Inc. and * Fountain Street LLC, further complicating the financial and legal entanglements resulting from their actions.
VIII. Statute of Limitations
The statute of limitations for each of the borrowers' counterclaims is six years or less, starting at the latest from the date the loans were due, March *, *. According to Judge Daniel Shea's ruling on March *, *, the borrowers' counterclaims were brought within the applicable statute of limitations. The court recognized that under the discovery rule, the limitation period accrues when the plaintiff has sufficient notice of two related facts: that they were harmed and that their harm was caused by the defendant's conduct. This ruling allows the borrowers' counterclaims to proceed to trial in May *, except for the count for emotional damages against Mr. Grieco.
IX. Dismissal with Prejudice and RICO Claim Evidence
On October *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC. This dismissal was not based on the merits of the case, as the Plaintiff’s Answer and associated evidence have not been adjudicated. The forensic examination findings by Ms. Lorraine Horton, detailing financial misconduct and fraudulent activities, were submitted but not considered before the dismissal. The dismissal with prejudice serves as evidence of a pattern of racketeering under the RICO claim, supported by the fraudulent submissions to state and federal courts. We are awaiting a Motion for Reconsideration from the court, and in the meantime, have filed a notice of removal under a RICO claim in the U.S. District Court MA, maintaining transparency by filing relevant motions in bankruptcy court.
X. Lack of Accounting for Funds
The Trustee's Final Report submitted on February *, *, indicated receipts and approved disbursements totaling $*,*.*, leaving a balance of $*. There is no detailed accounting or itemization of how these funds were disbursed, raising concerns about the proper handling and allocation of these assets. The report lacks transparency regarding the disbursements, which is inconsistent with standard bankruptcy procedures according to Rule * and * U.S.C. § *. The involvement of * Fountain Street LLC, created through the dismantling of Classic Display Inc. using illegal funds, further complicates the situation.
XI. Integrity of the Trustee's Actions
On February *, *, the Trustee sought additional funds of $*,*.*, stating that the trust is overdrawn from the period of July *, *, through March *, *. The Trustee claimed extensive and diligent efforts to collect the judgment, including lengthy travel (citing Docs *, *, *). This claim is incorrect as neither Mr. Cronan nor Ms. Merritt received any certified letters, emails, or phone calls from the Trustee regarding this matter.
XII. Relief Requested
Mr. Cronan and Ms. Merritt respectfully request that the Court deny the trustee's latest request for compensation and reimbursement, set aside the default judgment, and claw back the purchase of the default judgment. Additionally, they ask the Court to investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties. The relief sought is crucial to addressing the financial misconduct and restoring justice in light of the fraudulent activities uncovered.
XIII. Conclusion
For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court deny the trustee's latest request for compensation and reimbursement, set aside the default judgment, claw back the purchase of the default judgment, and investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties. The forensic examination findings, the trustee's involvement, and the financial misconduct detailed in this motion provide substantial grounds for the relief requested. The Court's intervention is necessary to rectify the injustices suffered by Mr. Cronan and Ms. Merritt and to ensure transparency and accountability in the proceedings.
---
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please insert at the introduction and onward adding the name of the motion too. I. Introduction: State the purpose of the motion. On March *, *, Mr. Cronan and Ms. Merritt filed a motion for an extension of time to object to the trustee's request until April *, *. This motion is in support of that request. Pending Litigation: *. United States District Court for the District of Rhode Island: - On December *, *, we filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*, titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., presided over by Judge J. McConnell. - Allegations include violations of the Massachusetts criminal usury statute, G.L. c. *, § *, and fraudulent conduct, including wrongful foreclosure actions.
Sure, here’s the revised motion with the introduction and pending litigation sections added:
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MOTION TO OBJECT TO TRUSTEE'S REQUEST FOR ADDITIONAL FUNDS
I. Introduction:
State the purpose of the motion. On March *, *, Mr. Cronan and Ms. Merritt filed a motion for an extension of time to object to the trustee's request until April *, *. This motion is in support of that request.
Pending Litigation:
*. United States District Court for the District of Rhode Island:
- On December *, *, we filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*, titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., presided over by Judge J. McConnell.
- Allegations include violations of the Massachusetts criminal usury statute, G.L. c. *, § *, and fraudulent conduct, including wrongful foreclosure actions.
II. Background:
The Classic Group Inc. was formed through an Asset Purchase Agreement dated August *, *. The agreement involved the trustee, Mr. Grieco, and Mr. Cronan, and aimed to dismantle Classic Display Inc. (the debtor in this case) ownership. The Classic Group Inc. was incorporated with three partners: Mr. Grieco, who served as the accountant for each partner and the new corporation; Mr. Cronan, who was the manufacturer of the actual displays; and Mr. Tiernan, who acted as the silent money partner. The partnership was intended to leverage the strengths of each partner to operate successfully in the display manufacturing industry.
III. Terms of the Agreement:
The terms of the Asset Purchase Agreement, effective as of August *, *, outlined the formation and ownership distribution of The Classic Group Inc. Initially, the ownership was divided equally among the three partners: Mr. Grieco, Mr. Cronan, and Mr. Tiernan, each holding one-third of the shares. The Classic Group was incorporated on August *, *, and the first tax return as of December *, *, shows that Cronan, Grieco, and Tiernan were each one-third owners of the S corporation in *. Each partner shared equally in the $*,* operating loss for that year, and Mr. Cronan’s personal tax return correctly reports his one-third ownership share. Effective January *, *, Mr. Cronan’s one-third share was transferred to Mr. Tiernan, resulting in an ownership distribution of one-third to Mr. Grieco and two-thirds to Mr. Tiernan. The shares were transferred for no compensation as part of an alleged scheme.
IV. Forensic Examination Findings:
On February *, *, Certified Fraud Examiner Lorraine Horton was hired to analyze the financial documents of * Fountain Street LLC, including tax returns from * through *. The examination revealed significant evidence of financial misconduct, including money laundering, extensive commingling of funds, sham transfers, backroom deals, tax evasion, and the illegal transfer of Mr. Cronan's shares. These findings provide substantial grounds for a meritorious claim to set aside the default judgment, as they demonstrate that the judgment was based on fraudulent activities.
V. Trustee's Involvement:
The bankruptcy trustee played a significant role in these activities by filing a Statement of Non-Objection to the substitution of * Fountain Street LLC as the Plaintiff in this matter. This action supported * Fountain Street LLC's fraudulent scheme by engaging in monetary transactions such as selling the $*,* default judgment for $*,* to them. Additionally, the Trustee's Final Report submitted on February *, *, indicated receipts and approved disbursements totaling $*,*.*, leaving a balance of $*. The Trustee failed to provide an accounting for the significantly reduced judgment of $*,*, which should have been documented in the "Trustee's Final Report and Account" form and served to the Debtor to ensure transparency and compliance with bankruptcy procedures.
VI. Financial Misconduct:
* Fountain Street LLC was incorporated on March *, *, and filed a partnership tax return. As part of the scheme, on February *, *, Mr. Grieco and Mr. Tiernan facilitated the sale of * Fountain Street, owned by Mr. Cronan's Cronan Realty LLC, for $*,*, although the building was valued at one million dollars. Initially, the ownership of * Fountain Street LLC was split */* between Grieco and Tiernan, with both income, losses, and equity equally divided. However, from * onwards, Tiernan was allocated *% of any profits, while losses and equity remained */*, indicating a further manipulation of the financial arrangements.
VII. Fraudulent Activities:
From * to *, Mr. Cronan was subjected to an illegal eviction by his partners, who laundered funds through * Fountain Street LLC and dismantled Classic Group Inc., violating RICO *(a). As a result of these fraudulent activities, Mr. Cronan lost his business and property. Today, Mr. Grieco and Mr. Tiernan deny Mr. Cronan’s equal partnership in Classic Group Inc. and * Fountain Street LLC, further complicating the financial and legal entanglements resulting from their actions.
VIII. Statute of Limitations:
The statute of limitations for each of the borrowers' counterclaims is six years or less, starting at the latest from the date the loans were due, March *, *. According to Judge Daniel Shea's ruling on March *, *, the borrowers' counterclaims were brought within the applicable statute of limitations. The court recognized that under the discovery rule, the limitation period accrues when the plaintiff has sufficient notice of two related facts: that they were harmed and that their harm was caused by the defendant's conduct. This ruling allows the borrowers' counterclaims to proceed to trial in May *, except for the count for emotional damages against Mr. Grieco.
IX. Dismissal with Prejudice and RICO Claim Evidence:
On October *, *, the court dismissed the case with prejudice at the request of Mr. Grieco and Mr. Tiernan's attorney, based on the submission of financial documents by * Fountain Street LLC. This dismissal was not based on the merits of the case, as the Plaintiff’s Answer and associated evidence have not been adjudicated. The forensic examination findings by Ms. Lorraine Horton, detailing financial misconduct and fraudulent activities, were submitted but not considered before the dismissal. The dismissal with prejudice serves as evidence of a pattern of racketeering under the RICO claim, supported by the fraudulent submissions to state and federal courts. We are awaiting a Motion for Reconsideration from the court, and in the meantime, have filed a notice of removal under a RICO claim in the U.S. District Court MA, maintaining transparency by filing relevant motions in bankruptcy court.
X. Lack of Accounting for Funds:
The Trustee's Final Report submitted on February *, *, indicated receipts and approved disbursements totaling $*,*.*, leaving a balance of $*. There is no detailed accounting or itemization of how these funds were disbursed, raising concerns about the proper handling and allocation of these assets. The report lacks transparency regarding the disbursements, which is inconsistent with standard bankruptcy procedures according to Rule * and * U.S.C. § *. The involvement of * Fountain Street LLC, created through the dismantling of Classic Display Inc. using illegal funds, further complicates the situation.
XI. Integrity of the Trustee's Actions:
On February *, *, the Trustee sought additional funds of $*,*.*, stating that the trust is overdrawn from the period of July *, *, through March *, *. The Trustee claimed extensive and diligent efforts to collect the judgment, including lengthy travel (citing Docs *, *, *). This claim is incorrect as neither Mr. Cronan nor Ms. Merritt received any certified letters, emails, or phone calls from the Trustee regarding this matter.
XII. Relief Requested:
Mr. Cronan and Ms. Merritt respectfully request that the Court deny the trustee's latest request for compensation and reimbursement, set aside the default judgment, and claw back the purchase of the default judgment. Additionally, they ask the Court to investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties. The relief sought is crucial to addressing the financial misconduct and restoring justice in light of the fraudulent activities uncovered.
XIII. Conclusion:
For the reasons stated above, Mr. Cronan and Ms. Merritt respectfully request that the Court deny the trustee's latest request for compensation and reimbursement, set aside the default judgment, claw back the purchase of the default judgment, and investigate the allegations of bankruptcy fraud and misconduct by the trustee and related parties. The forensic examination findings, the trustee's involvement, and the financial misconduct detailed in this motion provide substantial grounds for the relief requested. The Court's intervention is necessary to rectify the injustices suffered by Mr. Cronan and Ms. Merritt and to ensure transparency and accountability in the proceedings.
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Superior Court Action No. 1973CV00649: - In another pending litigation, Ralph M. Grieco, joint owner of * Fountain Street and CPA of Mr. Cronan since *, is involved in a case with multiple violations: - G. L. c. 93A violation (Count I) - Negligence and malpractice (Count II) - Breach of contract (Count III) - Breach of fiduciary duty (Count IV) - Misrepresentation (Count V) - Fraud (Count VI) - Constructive fraud (Count VII) - Intentional infliction of emotional distress (Count VIII) - Unjust enrichment (Count IX) - The court issued a memorandum of decision denying all claims of Mr. Grieco except for emotional distress. This case is scheduled for trial in May.
Case Rating: *
It sounds like you have a complex legal matter with significant financial misconduct, fraudulent activities, and a RICO claim. Let's structure your motion to object to the trustee's request for additional funds, incorporating all the relevant information and arguments:
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MOTION TO OBJECT TO TRUSTEE'S REQUEST FOR ADDITIONAL FUNDS
I. Introduction:
This motion is submitted in support of the objection to the trustee's request for additional funds. On March *, *, Mr. Cronan and Ms. Merritt filed a motion for an extension of time to object to the trustee's request until April *, *. This motion is in support of that request.
II. Pending Litigation:
*. United States District Court for the District of Rhode Island:
- On December *, *, a complaint was filed in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*, titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., presided over by Judge J. McConnell.
- Allegations include violations of the Massachusetts criminal usury statute, G.L. c. *, § *, and fraudulent conduct, including wrongful foreclosure actions.
*. Superior Court Action No. 1973CV00649:
- Ralph M. Grieco, joint owner of * Fountain Street and CPA of Mr. Cronan since *, is involved in a case with multiple violations:
- G. L. c. 93A violation (Count I)
- Negligence and malpractice (Count II)
- Breach of contract (Count III)
- Breach of fiduciary duty (Count IV)
- Misrepresentation (Count V)
- Fraud (Count VI)
- Constructive fraud (Count VII)
- Intentional infliction of emotional distress (Count VIII)
- Unjust enrichment (Count IX)
- The court issued a memorandum of decision denying all claims of Mr. Grieco except for emotional distress. This case is scheduled for trial in May.
III. Background:
The Classic Group Inc. was formed through an Asset Purchase Agreement dated August *, *. The agreement involved the trustee, Mr. Grieco, and Mr. Cronan, aiming to dismantle Classic Display Inc. (the debtor in this case) ownership. The Classic Group Inc. was incorporated with three partners: Mr. Grieco (accountant), Mr. Cronan (manufacturer), and Mr. Tiernan (silent money partner).
IV. Terms of the Agreement:
The terms of the Asset Purchase Agreement, effective as of August *, *, outlined the formation and ownership distribution of The Classic Group Inc. Initially, ownership was divided equally among the three partners: Mr. Grieco, Mr. Cronan, and Mr. Tiernan. The first tax return as of December *, *, shows each partner owned one-third of the S corporation. Effective January *, *, Mr. Cronan’s one-third share was transferred to Mr. Tiernan without compensation, resulting in an ownership distribution of one-third to Mr. Grieco and two-thirds to Mr. Tiernan.
V. Forensic Examination Findings:
On February *, *, Certified Fraud Examiner Lorraine Horton was hired to analyze the financial documents of * Fountain Street LLC, including tax returns from * through *. The examination revealed significant evidence of financial misconduct, including money laundering, extensive commingling of funds, sham transfers, backroom deals, tax evasion, and the illegal transfer of Mr. Cronan's shares. These findings support a meritorious claim to set aside the default judgment.