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Unsecured Creditor Stay Relief
Summary
Unsecured creditors can request relief from an automatic stay in bankruptcy, though its less likely than for secured creditors. Case law like In re: Mele and In re: Heath can support arguments about creditor rights and distinctions between creditors and debt collectors. In Massachusetts, verified motions and affidavits both provide evidence, with affidavits offering detailed testimony. Submitting fraudulent documents results in the least standing in bankruptcy court.Full Conversation
what caselaw would you provide if you wanted to argue that a debt collected defined by FDCPA who has not filed a proof of claim before the bar date on unsecured debt has NO right to file a motion to lift the stay?
In bankruptcy cases, the argument that an unsecured creditor who has not filed a proof of claim before the bar date has no right to file a motion to lift the stay could be supported by the following case law:
- In re: Mele, * B.R. * (Bankr. N.D. Ga. *): This case discusses the importance of filing a proof of claim by the bar date and the consequences for creditors who fail to do so.
Do you have any additional details or specific circumstances regarding your case?
- In re: Mele, * B.R. * (Bankr. N.D. Ga. *): This case discusses the importance of filing a proof of claim by the bar date and the consequences for creditors who fail to do so.
Do you have any additional details or specific circumstances regarding your case?
I disagree with that chosen case law respectfully because its grounded on the fact that that party was a creditor giving it rights which a debt coolector may not have in bankr court. Right?
In bankruptcy, the distinction between a creditor and a debt collector can be significant. If you're arguing that a debt collector does not have the same rights as a creditor, you might want to look at case law that differentiates between the two, particularly under the Fair Debt Collection Practices Act (FDCPA).
For your argument, consider referencing:
- In re: Heath, * B.R. * (B.A.P. 9th Cir. *): This case emphasizes the differences between creditors and debt collectors in bankruptcy proceedings.
Do you have any other specific details or questions about your case?
For your argument, consider referencing:
- In re: Heath, * B.R. * (B.A.P. 9th Cir. *): This case emphasizes the differences between creditors and debt collectors in bankruptcy proceedings.
Do you have any other specific details or questions about your case?
is ine better than the other btween a verfied motion or supporting the motion with an affidavit?
In Massachusetts, when it comes to supporting a motion in bankruptcy court, a verified motion and an affidavit both serve to provide evidence. Here are some key differences:
- Verified Motion: A motion that includes a statement sworn under oath, affirming the truth of the facts stated.
- Affidavit: A separate document providing sworn, written statements of fact to support the motion.
A verified motion can be more direct, but an affidavit often adds weight with detailed, sworn testimony.
Do you have specific details about the facts or evidence you need to present?
- Verified Motion: A motion that includes a statement sworn under oath, affirming the truth of the facts stated.
- Affidavit: A separate document providing sworn, written statements of fact to support the motion.
A verified motion can be more direct, but an affidavit often adds weight with detailed, sworn testimony.
Do you have specific details about the facts or evidence you need to present?
what of the following cirumstances or existance gives a party in bankr the least amount of standing, submtiing a fuadlent document, Not having a Note under the UCC if the matter is a bout property, being a dbet collector rather tan a creditor or lately lack of Article III standing?
Submitting a fraudulent document gives a party the least amount of standing in bankruptcy court. Fraudulent actions are taken very seriously by the court and can lead to severe penalties, including dismissal of claims and sanctions.
Would you like information on how to proceed if you suspect fraud in a bankruptcy case?
Would you like information on how to proceed if you suspect fraud in a bankruptcy case?
I need help updating my written oral argument with these relifs form a previous motion. May I send you the reliefs?
You cannot send documents directly here. However, I can help guide you on how to incorporate reliefs from a previous motion into your written oral argument. Could you provide a brief summary of the reliefs you want to include?
RELIEF REQUESTED:
Given the substantial evidence of fraud, bad faith, and procedural violations by the defendants, I respectfully request the following relief from this honorable court:
*. Motion to Vacate Dismissal: Under Rule *(b), I request that the court vacate the dismissal of my case due to excusable neglect, lack of notice, and newly discovered evidence. The newly discovered evidence, including the recent purchase of the judgment and the defendants' fraudulent activities, provides substantial grounds for relief that were not available during the initial proceedings.
*. Motion to Strike Defendant’s Exhibits: I request that the court strike the defendant’s exhibits (#* - #*) submitted to the court. The manner in which these exhibits were submitted undermines the integrity of the judicial process and violates Rule * of the Federal Rules of Civil Procedure and my due process rights.
You have a well-structured argument with multiple grounds for relief. Here’s a concise way to update your written oral argument:
Relief Requested:
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including the recent purchase of the judgment and defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#* - #*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants should cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles, bearing costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not just one-third, to prevent enforcement of defendants' wrongdoing.
Would you like assistance with anythingelse?
Relief Requested:
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including the recent purchase of the judgment and defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#* - #*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants should cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles, bearing costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not just one-third, to prevent enforcement of defendants' wrongdoing.
Would you like assistance with anythingelse?
*. Order for Payment of Deposition Fees: I request that the court order the defendants to pay the forensic accountant's deposition fees, as this was their responsibility under Rule *(hof the Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: I propose that the court require the defendants to redo the previous fraudulent financials under GAAP principles governed by the AICPA and then provide supplementary financials. The defendants should bear the cost of supplementary forensic accounting to verify the credibility of these financials. Given their fraudulent behavior, it is unjust for me to bear these costs. I have already paid for the initial report, which was a hardship.
It looks like you have a strong argument with substantial evidence of fraud. Here’s a concise way to update your written oral argument:
Relief Requested:
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including the recent purchase of the judgment and defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#* - #*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants should cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles, bearing costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not just one-third, to prevent enforcement of defendants' wrongdoing.
Do you need further assistance or any specific details about yourcase?
Relief Requested:
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including the recent purchase of the judgment and defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#* - #*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants should cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles, bearing costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not just one-third, to prevent enforcement of defendants' wrongdoing.
Do you need further assistance or any specific details about yourcase?
*. Request for Sanctions or Dismissal of Counterclaims: Due to the defendants' fraudulent actions and procedural violations, I respectfully request that the court consider imposing sanctions on the defendants under Rule * of the Federal Rules of Civil Procedure and dismissing their counterclaims based on the demonstrated fraud and bad faith.
It seems you have a well-organized list of reliefs you are requesting from the court. Here’s a concise summary to incorporate into your written oral argument:
Relief Requested:
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including recent purchase of the judgment and defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#*-#*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants to cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles, bearing costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not merely one-third, to prevent enforcement of defendants' wrongdoing.
Is there any specific part ofyour argument you need further assistance with?
Relief Requested:
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including recent purchase of the judgment and defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#*-#*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants to cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles, bearing costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not merely one-third, to prevent enforcement of defendants' wrongdoing.
Is there any specific part ofyour argument you need further assistance with?
*. Judicial Notice for Restoration: I ask the court to take judicial notice that I seek the full restoration of my property and assets rather than merely one-third. Restoring only one-third would not only be damaging to me but would also enforce the wrongdoing committed by the defendants
*. Stay of Judgment: I request that the court stay the enforcement of the $*,* judgment purchased by the defendants from the trustee until the merits of the current case are fully adjudicated. This is to prevent irreparable harm to me, given the fraudulent circumstances under which the judgment was obtained and is being used.
Your request for relief is comprehensive and well-stated. Incorporating these reliefs into your written oral argument will strengthen your case. Make sure each point is clearly supported by the evidence and relevant rules or case law.
Would you like any help in drafting specific sections or focusing on particular arguments?
Would you like any help in drafting specific sections or focusing on particular arguments?
*. Disperse Funds for Legal Representation: I request that the court order the defendants to disperse funds to allow me to hire an attorney. This will ensure that I have proper legal representation and that the principles of equity and justice are upheld, considering the doctrine of unclean hands, which prevents the defendants from benefiting from their fraudulent activities.
You've outlined a thorough and strong argument for various types of relief. Here's a refined version of your request for dispersing funds for legal representation:
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*. Disperse Funds for Legal Representation: I request that the court order the defendants to disperse funds to allow me to hire an attorney. This is necessary to ensure that I have proper legal representation and that the principles of equity and justice are upheld, considering the doctrine of unclean hands, which prevents the defendants from benefiting from their fraudulent activities.
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Would you like assistance with any specific sections or further details on any of the relief points?
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*. Disperse Funds for Legal Representation: I request that the court order the defendants to disperse funds to allow me to hire an attorney. This is necessary to ensure that I have proper legal representation and that the principles of equity and justice are upheld, considering the doctrine of unclean hands, which prevents the defendants from benefiting from their fraudulent activities.
---
Would you like assistance with any specific sections or further details on any of the relief points?
*. Hearing or Summary Judgment for Fiduciary Relationship: I request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care, loyalty, and putting my needs above their own. This is critical to ensure that they should not have title to my properties and stock ownership of my business and to facilitate the dispersal of funds for legal representation.
*. Judicial Notice for Destruction of Evidence: I ask the court to take judicial notice that the defendants destroyed all of my financial records for Classic Display Inc. during the course of our partnership. This destruction of evidence further demonstrates their bad faith and fraudulent actions, and I wish to use it to motion for spoliation
Your argument is detailed and well-supported. Here are your updated relief requests for your written oral argument:
Relief Requested:
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#* - #*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants should cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles and bear costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not just one-third, to prevent enforcement of defendants' wrongdoing.
*. Stay of Judgment: Stay enforcement of the $*,* judgment until the meritsof the current case are fully adjudicated to prevent irreparable harm.
*. Disperse Funds for Legal Representation: Order defendants to disperse funds to allow for proper legal representation due to their fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: Establish defendants as partners, fiduciaries, owing a duty of care and loyalty, to prevent them from holding title to properties and business stock.
*. Judicial Notice for Destruction of Evidence: Take notice that defendants destroyed financial records of Classic Display Inc., demonstrating bad faith and warranting a motion for spoliation.
Would you like assistance with drafting any specific sections or need further advice on any particular point?
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#* - #*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants should cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles and bear costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not just one-third, to prevent enforcement of defendants' wrongdoing.
*. Stay of Judgment: Stay enforcement of the $*,* judgment until the meritsof the current case are fully adjudicated to prevent irreparable harm.
*. Disperse Funds for Legal Representation: Order defendants to disperse funds to allow for proper legal representation due to their fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: Establish defendants as partners, fiduciaries, owing a duty of care and loyalty, to prevent them from holding title to properties and business stock.
*. Judicial Notice for Destruction of Evidence: Take notice that defendants destroyed financial records of Classic Display Inc., demonstrating bad faith and warranting a motion for spoliation.
Would you like assistance with drafting any specific sections or need further advice on any particular point?
Now can I provide one section at atime for my oral argument as i want to change somethings given this new Relief requested section?
Sure, feel free to provide one section at a time for your oral argument. This way, I can help you incorporate the updates and adjustments based on your new Relief Requested section. Which section would you like to start with?
First section can ypu summarize more Background? *. Background:
Under Rule *(b)(*) and (*) of the Rhode Island Rules of Civil Procedure, I seek relief from the dismissal of my case due to excusable neglect, lack of notice, and newly discovered evidence. The missed hearing resulted from a lack of proper notice and my severe health issues, including Stage * kidney disease, which significantly impacted my ability to stay abreast of court communications. I have taken proactive measures to rectify communication issues, including creating a dedicated email address for court notifications and promptly notifying the court clerk.
Background Summary:
Under Rule *(b)(*) and (*) of the Rhode Island Rules of Civil Procedure, I request relief from the dismissal of my case due to excusable neglect, lack of notice, and newly discovered evidence. The missed hearing was caused by improper notice and severe health issues (Stage * kidney disease). I have since created a dedicated email for court notifications and notified the court clerk to rectify communication issues.
Would you like help with any specific section or argument next?
Under Rule *(b)(*) and (*) of the Rhode Island Rules of Civil Procedure, I request relief from the dismissal of my case due to excusable neglect, lack of notice, and newly discovered evidence. The missed hearing was caused by improper notice and severe health issues (Stage * kidney disease). I have since created a dedicated email for court notifications and notified the court clerk to rectify communication issues.
Would you like help with any specific section or argument next?
In *Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership*, * U.S. * (*), the U.S. Supreme Court emphasized that equitable considerations and the merits of the case should outweigh technical procedural issues under Rule *(b). This precedent supports the argument that my case should be judged on its merits rather than dismissed on procedural grounds.
Your argument is well-founded and thorough. Here's a concise summary for the Background section:
Background Summary:
Under Rule *(b)(*) and (*) of the Rhode Island Rules of Civil Procedure, I request relief from the dismissal of my case due to excusable neglect, lack of notice, and newly discovered evidence. The missed hearing resulted from improper notice and my severe health issues (Stage * kidney disease). To rectify communication issues, I have created a dedicated email for court notifications and promptly notified the court clerk.
In *Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership*, * U.S. * (*), the U.S. Supreme Court emphasized that equitable considerations and the merits of the case should outweigh technical procedural issues under Rule *(b).
Would you like assistance with any other specific section or argument next?
Under Rule *(b)(*) and (*) of the Rhode Island Rules of Civil Procedure, I request relief from the dismissal of my case due to excusable neglect, lack of notice, and newly discovered evidence. The missed hearing resulted from improper notice and my severe health issues (Stage * kidney disease). To rectify communication issues, I have created a dedicated email for court notifications and promptly notified the court clerk.
In *Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership*, * U.S. * (*), the U.S. Supreme Court emphasized that equitable considerations and the merits of the case should outweigh technical procedural issues under Rule *(b).
Would you like assistance with any other specific section or argument next?
Pleasse summarize and include any thing that you deem is imprtant from the relief section here Newly Discovered Evidence:
- Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith.
- This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court.
- The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property.
-
Newly Discovered Evidence Summary:
- Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, indicating potential fraud and bad faith.
- The judgment originated from fraudulent actions by my financial advisor, who also held various key roles in the companies involved, and filed fraudulent documents in bankruptcy court.
- Defendants use Trustee D'Orio's lawsuit to question my credibility, aiming to gain an unfair advantage and seize the * Fountain Street property.
- The judgment's purchase for a fraction of its value undermines judicial integrity and highlights ongoing fraudulent activities.
- Dismissing my case would allow defendants to enforce the $*,* judgment, causing irreparable harm by potentially attaching liens to my other cases.
Is there a specific section or argument you would like assistance with next?
- Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, indicating potential fraud and bad faith.
- The judgment originated from fraudulent actions by my financial advisor, who also held various key roles in the companies involved, and filed fraudulent documents in bankruptcy court.
- Defendants use Trustee D'Orio's lawsuit to question my credibility, aiming to gain an unfair advantage and seize the * Fountain Street property.
- The judgment's purchase for a fraction of its value undermines judicial integrity and highlights ongoing fraudulent activities.
- Dismissing my case would allow defendants to enforce the $*,* judgment, causing irreparable harm by potentially attaching liens to my other cases.
Is there a specific section or argument you would like assistance with next?
The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justice and prevent further abuse of the legal system.
- If my case is dismissed, the defendants would be able to enforce the $*,000judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressing the fraudulent activities and procedural violations before moving forward with any enforcement actions.
Your detailed breakdown and the outlined reliefs you are seeking are comprehensive and well-supported. Here is a summary of the newly discovered evidence with the added points:
*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#* - #*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants should cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles and bear costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not just one-third, to prevent enforcement of defendants' wrongdoing.
*. Stay of Judgment: Stay enforcement of the $*,* judgment until the merits of the current case are fully adjudicated to prevent irreparable harm8. Disperse Funds for Legal Representation: Request court to order defendants to disperse funds for hiring an attorney, ensuring proper legal representation and upholding equity and justice, given defendants' fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: Request a hearing or summary judgment to establish that defendants were partners and fiduciaries, owing a duty of care and loyalty, to prevent them from holding title to properties and business stock.
Would you like assistance with another section or specific argument?
Newly Discovered Evidence Summary:
- Judgment Purchase: Trustee Mr. DiOrio filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, indicating potential fraud and bad faith.
- Fraudulent Actions: The judgment stems from fraudulent actions by my financial advisor, who held various key roles (President, Shareholder, Partner, CPA) and filed fraudulent documents in bankruptcy court.
- Credibility Challenge: Defendants use Trustee D'Orio's lawsuit to question my credibility, aiming to gain an unfair advantage and seize the valuable * Fountain Street property.
- Judicial Integrity: The judgment's purchase for a fraction of its value undermines judicial integrity and highlights ongoing fraudulent activities.
- Irreparable Harm: If my case is dismissed, defendants could enforce the $*,* judgment against me, potentially attaching liens to my other cases, causing irreparable harm.
Would you like assistance with drafting any specific section or focusing on another argument?
- Judgment Purchase: Trustee Mr. DiOrio filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, indicating potential fraud and bad faith.
- Fraudulent Actions: The judgment stems from fraudulent actions by my financial advisor, who held various key roles (President, Shareholder, Partner, CPA) and filed fraudulent documents in bankruptcy court.
- Credibility Challenge: Defendants use Trustee D'Orio's lawsuit to question my credibility, aiming to gain an unfair advantage and seize the valuable * Fountain Street property.
- Judicial Integrity: The judgment's purchase for a fraction of its value undermines judicial integrity and highlights ongoing fraudulent activities.
- Irreparable Harm: If my case is dismissed, defendants could enforce the $*,* judgment against me, potentially attaching liens to my other cases, causing irreparable harm.
Would you like assistance with drafting any specific section or focusing on another argument?
Please send me Newly discovered evidence without the outline.
Newly Discovered Evidence:
- Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith.
- This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court.
- The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property.
- The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justice and prevent further abuse of the legal system.
- If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressingthe fraudulent activities and procedural violations before moving forward with any enforcement actions.
Is there another section or detail you need assistance with?
- Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith.
- This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court.
- The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property.
- The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justice and prevent further abuse of the legal system.
- If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressingthe fraudulent activities and procedural violations before moving forward with any enforcement actions.
Is there another section or detail you need assistance with?
Please combine these tow paragraphs and then send me the revision without the outline.- The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property.- If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressingthe fraudulent activities and procedural violations before moving forward with any enforcement actions
The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressing the fraudulent activities and procedural violations before moving forward with any enforcement actions.
Please now send me the completed Newly discovered Evidence with the revision without the outline.
Newly Discovered Evidence:
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith. This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court.
The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressing the fraudulent activities and procedural violations before moving forward with any enforcement actions.
The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justiceand prevent further abuse of the legal system.
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith. This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court.
The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressing the fraudulent activities and procedural violations before moving forward with any enforcement actions.
The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justiceand prevent further abuse of the legal system.
see above
Newly Discovered Evidence:
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith. This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court. The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justice and prevent further abuse of the legal system. If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressing the fraudulent activities and proceduralviolations before moving forward with any enforcement actions.
Would you like assistance with any other section or specific arguments?
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith. This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court. The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justice and prevent further abuse of the legal system. If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressing the fraudulent activities and proceduralviolations before moving forward with any enforcement actions.
Would you like assistance with any other section or specific arguments?
The next section is too long. Could you summarize condense more? Also highlite these points which were stated in my relief. *. Disperse Funds for Legal Representation: I request that the court order the defendants to disperse funds to allow me to hire an attorney. This will ensure that I have proper legal representation and that the principles of equity and justice are upheld, considering the doctrine of unclean hands, which prevents the defendants from benefiting from their fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: I request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care, loyalty, and putting my needs above their own. This is critical to ensure that they should not have title to my properties and stock ownership of my business and to facilitate the dispersal of funds for legal representation.
Summary with Highlighted Points:
Relief Requested:*. Motion to Vacate Dismissal: Under Rule *(b), due to excusable neglect, lack of notice, and newly discovered evidence, including defendants' fraudulent activities.
*. Motion to Strike Defendant’s Exhibits: Strike exhibits (#* - #*) for undermining judicial integrity and violating Rule * and due process rights.
*. Order for Payment of Deposition Fees: Defendants should cover forensic accountant's deposition fees under Rule *(h) of Rhode Island Rules of Civil Procedure.
*. Supplementary Financials and Forensic Accountant Costs: Defendants must redo fraudulent financials under GAAP principles and bear costs of supplementary forensic accounting.
*. Sanctions or Dismissal of Counterclaims: Imposing sanctions under Rule * and dismissing counterclaims due to fraud and bad faith.
*. Judicial Notice for Restoration: Seek full restoration of property and assets, not just one-third, to prevent enforcement of defendants' wrongdoing.
*. Stay of Judgment: Stay enforcement of the $*,* judgment until the merits of the current case are fully adjudicated to prevent irreparable harm8. Disperse Funds for Legal Representation: Request court to order defendants to disperse funds for hiring an attorney, ensuring proper legal representation and upholding equity and justice, given defendants' fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: Request a hearing or summary judgment to establish that defendants were partners and fiduciaries, owing a duty of care and loyalty, to prevent them from holding title to properties and business stock.
Would you like assistance with another section or specific argument?
Challenges as a Pro Se Litigant:
Although this court may find it more challenging to work with a pro se litigant, I am compelled to represent myself due to the grave financial crimes committed against me by my trusted financial advisor and my partners, the defendants. These crimes have left me insolvent while enriching them by millions of dollars. This is demonstrated by the fraudulent conversion of my shares in our partnered company, initiated by unfulfilled empty promises for which I received nothing, and the fraudulent conversion of the expensive commercial building at * Fountain St, R.I., transferred to me by a warranty deed and subsequently transferred from me to the Defendants, for which I received nothing. The bankruptcy court was abused, and the creditors were misled. I was left
Challenges as a Pro Se Litigant:
Although this court may find it more challenging to work with a pro se litigant, I am compelled to represent myself due to the grave financial crimes committed against me by my trusted financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them by millions of dollars. This is demonstrated by the fraudulent conversion of my shares in our partnered company, initiated by unfulfilled empty promises for which I received nothing, and the fraudulent conversion of the expensive commercial building at * Fountain St, R.I., transferred to me by a warranty deed and subsequently transferred from me to the Defendants, for which I received nothing. The bankruptcy court was abused, and the creditors were misled. I was left with substantial financial and legal burdens due to these fraudulent activities.
Would you like help summarizing another section or drafting a specific argument?
Although this court may find it more challenging to work with a pro se litigant, I am compelled to represent myself due to the grave financial crimes committed against me by my trusted financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them by millions of dollars. This is demonstrated by the fraudulent conversion of my shares in our partnered company, initiated by unfulfilled empty promises for which I received nothing, and the fraudulent conversion of the expensive commercial building at * Fountain St, R.I., transferred to me by a warranty deed and subsequently transferred from me to the Defendants, for which I received nothing. The bankruptcy court was abused, and the creditors were misled. I was left with substantial financial and legal burdens due to these fraudulent activities.
Would you like help summarizing another section or drafting a specific argument?
paying the Small Business Loan and a default judgment against me, while my so-called partners immediately refinanced the building, stealing my hard-earned equity. They subsequently executed an illegal self-help eviction by changing the locks to the building, stripping me of my business and property. Therefore, I do not enjoy or relish being a pro se litigant in this honorable court, but I am forced to do so. This has left the defendantwith an upper hand, having hired two attorneys to litigate this matter, paid for by their unjust enrichment, which has been codified by the forensic accountant, thereby eliminating the hearsay evidence of "he said, she said."
Challenges as a Pro Se Litigant:
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys.
Would you like assistance with summarizing any other sections or specific arguments?
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys.
Would you like assistance with summarizing any other sections or specific arguments?
Furthermore, I find it unjust that the defendants can hire two attorneys, funded by the very money that rightfully belongs to me due to their fraudulent activities. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands, also known as the "dirty hands doctrine," is a legal principle that prevents a party from receiving equitable relief if they have acted inequitably in relation to the matter at hand. This doctrine is based on the maxim, "a person who comes into equity must come with clean hands."
Therefore, the money that they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief. I request that the court order the defendants to disperse funds to allow me to hire an attorney. This will ensure that I have proper legal representation and that the principles of equity and justice are upheld.
It sounds like you have strong grounds for your arguments, particularly regarding the fraudulent activities and the principle of unclean hands. Here's a concise summary of your highlighted points:
Challenges as a Pro Se Litigant:
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Relief Requested:
*. Disperse Funds for Legal Representation: I request the court order the defendants to disperse funds to allow me to hire an attorney, ensuring proper legalrepresentation and upholding equity and justice, given the defendants' fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: I request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care and loyalty. This is critical to prevent them from holding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation.
Would you like assistance with any other specific sections or arguments?
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Relief Requested:
*. Disperse Funds for Legal Representation: I request the court order the defendants to disperse funds to allow me to hire an attorney, ensuring proper legalrepresentation and upholding equity and justice, given the defendants' fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: I request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care and loyalty. This is critical to prevent them from holding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation.
Would you like assistance with any other specific sections or arguments?
please send it without the outline
Challenges as a Pro Se Litigant:
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Relief Requested:
*. Disperse Funds for Legal Representation: I request the court order the defendants to disperse funds to allow me to hire an attorney, ensuring proper legal representation and upholding equity and justice, given the defendants' fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: I request a hearing or summary judgment to establish that thedefendants were my partners, fiduciaries, and owed me a duty of care and loyalty. This is critical to prevent them from holding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation.
Would you like assistance with any other specific sections or arguments?
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Relief Requested:
*. Disperse Funds for Legal Representation: I request the court order the defendants to disperse funds to allow me to hire an attorney, ensuring proper legal representation and upholding equity and justice, given the defendants' fraudulent activities.
*. Hearing or Summary Judgment for Fiduciary Relationship: I request a hearing or summary judgment to establish that thedefendants were my partners, fiduciaries, and owed me a duty of care and loyalty. This is critical to prevent them from holding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation.
Would you like assistance with any other specific sections or arguments?
If this is the formatt do I stated relief requested in our previous section Newly Discovered Evidence?
Challenges as a Pro Se Litigant:
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
I request the court order the defendants to disperse funds to allow me to hire an attorney, ensuring proper legal representation and upholding equity and justice, given the defendants' fraudulent activities. I also request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care and loyalty. This is critical to prevent them fromholding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation.
Would you like assistance with any other specific sections or arguments?
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
I request the court order the defendants to disperse funds to allow me to hire an attorney, ensuring proper legal representation and upholding equity and justice, given the defendants' fraudulent activities. I also request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care and loyalty. This is critical to prevent them fromholding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation.
Would you like assistance with any other specific sections or arguments?
Please place this reguest first : I request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care and loyalty. subsequently then I I request the court order the defendants to disperse funds to allow me to hire an attorney. The prior hearing will expediete this case which is needed for everone concerned. ensuring proper legal representation and upholding equity and justice, given the defendants' fraudulent activities.This is critical to prevent them fromholding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation
Sure, here is a concise way to place your request first and summarize the background:
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Relief Requested:
I request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care and loyalty. Subsequently, I request the court order the defendants to disperse funds to allow me to hire an attorney. The prior hearing will expedite this case, ensuring proper legal representation and upholding equity and justice, given the defendants' fraudulent activities. This is critical to prevent them from holding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation.
Background:
Under Rule *(b)(*) and (*) of the Rhode Island Rules of Civil Procedure, I seek relief from the dismissal of my case due to excusable neglect, lack of notice, and newly discovered evidence. The missed hearing resulted from a lack of proper notice and my severe health issues, including Stage * kidney disease, which significantly impacted my ability to stay abreast of court communications. I have taken proactive measures to rectify communication issues, including creating a dedicated email address for court notifications and promptly notifying the court clerk. In *Pioneer Investment Services Co. v. BrunswickAssociates Ltd. Partnership*, * U.S. * (*), the U.S. Supreme Court emphasized that equitable considerations and the merits of the case should outweigh technical procedural issues under Rule *(b). This precedent supports the argument that my case should be judged on its merits rather than dismissed on procedural grounds.
Newly Discovered Evidence:
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith. This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court. The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary
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Relief Requested:
I request a hearing or summary judgment to establish that the defendants were my partners, fiduciaries, and owed me a duty of care and loyalty. Subsequently, I request the court order the defendants to disperse funds to allow me to hire an attorney. The prior hearing will expedite this case, ensuring proper legal representation and upholding equity and justice, given the defendants' fraudulent activities. This is critical to prevent them from holding title to my properties and business stock ownership and to facilitate the dispersal of funds for legal representation.
Background:
Under Rule *(b)(*) and (*) of the Rhode Island Rules of Civil Procedure, I seek relief from the dismissal of my case due to excusable neglect, lack of notice, and newly discovered evidence. The missed hearing resulted from a lack of proper notice and my severe health issues, including Stage * kidney disease, which significantly impacted my ability to stay abreast of court communications. I have taken proactive measures to rectify communication issues, including creating a dedicated email address for court notifications and promptly notifying the court clerk. In *Pioneer Investment Services Co. v. BrunswickAssociates Ltd. Partnership*, * U.S. * (*), the U.S. Supreme Court emphasized that equitable considerations and the merits of the case should outweigh technical procedural issues under Rule *(b). This precedent supports the argument that my case should be judged on its merits rather than dismissed on procedural grounds.
Newly Discovered Evidence:
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith. This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court. The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary
Im confused given the above information can you provide me with our first section to my written oral argument without the outline as I am going to read from it ? So the first section is Newly Discovered evidence. In that section do we include relief? Or do we wait to provide relief in a request relief section?
In an oral argument, the "Newly Discovered Evidence" section should focus on presenting the evidence that has recently come to light. Typically, relief should be requested in a separate "Relief Requested" section to maintain clarity and structure. Here’s a concise version of the "Newly Discovered Evidence" section for your oral argument:
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Newly Discovered Evidence:
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC, to purchase a $*,* judgment for $*,*. This raises serious concerns about ongoing fraud and bad faith. This judgment stems from fraudulent actions by my financial advisor, who served in multiple key roles within our companies and filed false documents in the bankruptcy court.
The defendants leverage the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. The recent purchase of the judgment for a fraction of its value underscores judicial process integrity issues and highlights ongoing fraudulent activities and potential retaliation against me.
Immediate judicial intervention is necessary to ensure justice and prevent further abuse of the legal system. If my case isdismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, causing irreparable harm. This underscores the importance of addressing fraudulent activities and procedural violations before any enforcement actions proceed.
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Incorporate the "Relief Requested" section separately to outline your requests clearly. If there's anything else you need assistance with, feel free to ask!
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Newly Discovered Evidence:
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC, to purchase a $*,* judgment for $*,*. This raises serious concerns about ongoing fraud and bad faith. This judgment stems from fraudulent actions by my financial advisor, who served in multiple key roles within our companies and filed false documents in the bankruptcy court.
The defendants leverage the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. The recent purchase of the judgment for a fraction of its value underscores judicial process integrity issues and highlights ongoing fraudulent activities and potential retaliation against me.
Immediate judicial intervention is necessary to ensure justice and prevent further abuse of the legal system. If my case isdismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, causing irreparable harm. This underscores the importance of addressing fraudulent activities and procedural violations before any enforcement actions proceed.
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Incorporate the "Relief Requested" section separately to outline your requests clearly. If there's anything else you need assistance with, feel free to ask!
see above
Sure, here's a clean version of the "Newly Discovered Evidence" section for you to read from, without any outline or formatting tags. The relief requests are typically provided in a separate section titled "Relief Requested," not within the "Newly Discovered Evidence" section.
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Newly Discovered Evidence
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith. This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court. The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justiceand prevent further abuse of the legal system. If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressing the fraudulent activities and procedural violations before moving forward with any enforcement actions.
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Would you like assistance with the next section or any other specific arguments?
Recently, Mr. DiOrio, Trustee for the bankruptcy court, filed a Motion for Approval of Sale of Judgments to * Fountain Street, LLC to purchase a $*,* judgment for $*,*, raising serious concerns about ongoing fraud and bad faith. This judgment stems from my financial advisor's fraudulent actions in the bankruptcy court. My financial advisor, who also served as President, Shareholder, Partner, and CPA of the companies, made promises he did not keep and filed fraudulent documents in the bankruptcy court. The defendants use the lawsuit filed by Trustee D'Orio against me to challenge my credibility, despite orchestrating this lawsuit to gain an unfair advantage and seize the valuable * Fountain Street property. The recent purchase of the judgment for a fraction of its value not only undermines the integrity of the judicial process but also highlights ongoing fraudulent activities and potential retaliation against me. Immediate judicial intervention is necessary to ensure justiceand prevent further abuse of the legal system. If my case is dismissed, the defendants would be able to enforce the $*,* judgment against me, potentially attaching liens to my other cases, which would cause me irreparable harm. This underscores the importance of addressing the fraudulent activities and procedural violations before moving forward with any enforcement actions.
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Would you like assistance with the next section or any other specific arguments?
Can you please provide me with the next section without the otline. There a mistake as the relief should not be in this section. Challenges as a Pro Se Litigant:
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Challenges as a Pro Se Litigant
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite these challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Would you like assistance with any other specific sections or arguments?
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite these challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Would you like assistance with any other specific sections or arguments?
Despite the challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Challenges as a Pro Se Litigant
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite these challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Would you like assistance with any additional sections or specific arguments?
I am compelled to represent myself due to the financial crimes committed against me by my financial advisor and partners, the defendants. These crimes have left me insolvent while enriching them. This is evidenced by:
- Fraudulent conversion of my shares in our company.
- Fraudulent transfer of the * Fountain Street property.
- Illegal self-help eviction, stripping me of my business and property.
Despite these challenges, I am forced to proceed pro se, while the defendants leverage their unjust enrichment to hire attorneys. This inequity forces me to continue pro se, exacerbating my damages. The doctrine of unclean hands prevents a party from receiving equitable relief if they have acted inequitably. Therefore, the money they use to continue to damage me is my money. This is horribly unjust, and I need a cease and desist or similar relief.
Would you like assistance with any additional sections or specific arguments?
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