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Timely Appeal Rebuttal Guide
Summary
To address an untimeliness claim in a bankruptcy appeal, ensure all relevant orders are referenced, such as docket number 25, which states the Denial of the Order on December 4, 2024. This, along with the November 22, 2024, order, supports the timeliness of a December 6, 2024, appeal filing. Federal Rules of Bankruptcy Procedure Rule 8002 requires filing within 14 days of the order, which is met here. When submitting to the District Court of Appeals, include a Qualified Written Request, CFPB complaint, and Dodd-Frank Act complaint for additional support. These documents should detail your request, issues, and any violations, with a request for timely response and resolution.Full Conversation
Opposition claim of being untimely; please polish a rebuttal.
In the factual history Attorney Fumarola’s motion he requests the court to see docket number * and *. He omits referencing the court to see docket #* which stated the Denial of the Order on December *, *. There was also a second Order that was mailed on November *, *, that also should comply with being timely for the December *, *, appeals filing.
In the first paragraph attorney Fumarola’s Argument he states the following “Additionally, the Federal Rules of Bankruptcy Procedure Rule * (“Rule *), require that a notice of appeal must be filed within 14 days after the judgment, order, or decree to be appealed is entered.”
Hi ****,
Here's a polished rebuttal for your situation:
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In Attorney Fumarola’s motion, he refers to docket numbers * and *, but he neglects to mention docket number *, which clearly states the Denial of the Order on December *, *. Additionally, another Order was mailed on November *, *. Both dates should be considered timely for the December *, *, appeal filing.
Attorney Fumarola also references Federal Rules of Bankruptcy Procedure Rule *, which requires a notice of appeal within 14 days after the judgment, order, or decree is entered. The December *, *, filing falls within this *-day period from both the December *, *, and the November *, *, orders.
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Do you need any further assistance?
Here's a polished rebuttal for your situation:
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In Attorney Fumarola’s motion, he refers to docket numbers * and *, but he neglects to mention docket number *, which clearly states the Denial of the Order on December *, *. Additionally, another Order was mailed on November *, *. Both dates should be considered timely for the December *, *, appeal filing.
Attorney Fumarola also references Federal Rules of Bankruptcy Procedure Rule *, which requires a notice of appeal within 14 days after the judgment, order, or decree is entered. The December *, *, filing falls within this *-day period from both the December *, *, and the November *, *, orders.
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Do you need any further assistance?
How should I address this motion going to the District Court of appeals.
Hi ****,
When addressing the motion to the District Court of Appeals, follow this structure:
*. Introduction:
- Briefly introduce yourself and the purpose of your opposition.
*. Factual Background:
- Summarize the key dates and docket numbers relevant to your appeal.
*. Argument:
- State that the appeal is timely based on the December *, *, and November *, *, orders, referencing Federal Rules of Bankruptcy Procedure Rule *.
*. Conclusion:
- Conclude by respectfully requesting the court to consider your appeal timely.
Do you need help with any specific section or additional information?
When addressing the motion to the District Court of Appeals, follow this structure:
*. Introduction:
- Briefly introduce yourself and the purpose of your opposition.
*. Factual Background:
- Summarize the key dates and docket numbers relevant to your appeal.
*. Argument:
- State that the appeal is timely based on the December *, *, and November *, *, orders, referencing Federal Rules of Bankruptcy Procedure Rule *.
*. Conclusion:
- Conclude by respectfully requesting the court to consider your appeal timely.
Do you need help with any specific section or additional information?
Very good; Will this suffice for * in *?
Now comes **** king addressing the misleading claim of untimeliness by the opposing counsel.
The attorney references an order dated October *, *, but does not mention any other orders or their dates.
Hi ****,
Here's a refined version of your rebuttal addressing the misleading claim of untimeliness by the opposing counsel:
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In Attorney Fumarola’s motion, he refers to docket numbers * and * but omits docket number *, which clearly states the Denial of the Order on December *, *. Additionally, another Order was mailed on November *, *. Both dates are within the timeframe for the December *, *, appeal filing.
Attorney Fumarola also references Federal Rules of Bankruptcy Procedure Rule *, which requires a notice of appeal within 14 days after the judgment, order, or decree is entered. The December *, *, filing is within this *-day period from both the December *, *, and the November *, *, orders.
---
Would you like assistance with any other legal matter?
Here's a refined version of your rebuttal addressing the misleading claim of untimeliness by the opposing counsel:
---
In Attorney Fumarola’s motion, he refers to docket numbers * and * but omits docket number *, which clearly states the Denial of the Order on December *, *. Additionally, another Order was mailed on November *, *. Both dates are within the timeframe for the December *, *, appeal filing.
Attorney Fumarola also references Federal Rules of Bankruptcy Procedure Rule *, which requires a notice of appeal within 14 days after the judgment, order, or decree is entered. The December *, *, filing is within this *-day period from both the December *, *, and the November *, *, orders.
---
Would you like assistance with any other legal matter?
Most likely; Thank you for now
You're welcome, ****! If you need further assistance or have more questions in the future, feel free to reach out. Good luck with your appeal!
Should I also submit a copy of my QWR request more information, along with, or any combinations of, CFPB, and Dodd-Frank Act complaint.
Hi ****,
Submitting a copy of your QWR (Qualified Written Request), along with any CFPB (Consumer Financial Protection Bureau) and Dodd-Frank Act complaints, can strengthen your case by providing additional context and supporting evidence.
Would you like more guidance on how to draft these documents?
Submitting a copy of your QWR (Qualified Written Request), along with any CFPB (Consumer Financial Protection Bureau) and Dodd-Frank Act complaints, can strengthen your case by providing additional context and supporting evidence.
Would you like more guidance on how to draft these documents?
yes
Sure, ****! Here is a brief outline for each document:
Qualified Written Request (QWR):
*. Introduction:
- Your name and contact information.
- Loan number.
- Purpose of the request.
*. Details:
- Specific information you are requesting about your loan.
- Any issues or discrepancies you have noticed.
- Request for correction or explanation.
*. Conclusion:
- Request for a timely response within the required 30 days.
- Contact information for follow-up.
*. Introduction:
- Your name and contact information.
- Loan number.
- Purpose of the request.
*. Details:
- Specific information you are requesting about your loan.
- Any issues or discrepancies you have noticed.
- Request for correction or explanation.
*. Conclusion:
- Request for a timely response within the required 30 days.
- Contact information for follow-up.
CFPB Complaint:
*. Introduction:
- Your name and contact information.
- Brief description of the issue.
*. Details:
- Detailed explanation of the problem.
- Dates and communications with the lender.
- Any supporting documents.
*. Conclusion:
- Request for investigation and resolution.
- Contact information for follow-up.
*. Introduction:
- Your name and contact information.
- Brief description of the issue.
*. Details:
- Detailed explanation of the problem.
- Dates and communications with the lender.
- Any supporting documents.
*. Conclusion:
- Request for investigation and resolution.
- Contact information for follow-up.
Dodd-Frank Act Complaint:
*. Introduction:
- Your name and contact information.
- Brief description of the issue.
*. Details:
- Specific violations of the Dodd-Frank Act.
- Supporting evidence.
- Impact on you.
*.Conclusion:
- Request for appropriate action.
- Contact information for follow-up.
Would you like more detailed templates for any of these documents?
*. Introduction:
- Your name and contact information.
- Brief description of the issue.
*. Details:
- Specific violations of the Dodd-Frank Act.
- Supporting evidence.
- Impact on you.
*.Conclusion:
- Request for appropriate action.
- Contact information for follow-up.
Would you like more detailed templates for any of these documents?
Thank You
You're welcome, ****! If you need more detailed templates or further assistance, feel free to ask. Good luck with your case!
Please refine Conclusion; King respectfully requests that the court consider his appeal as timely. For the record King is also submitting a copy of his QWR requesting required information, along with, a request for an investigation of Federal and State violations by, CFPB, and Dodd-Frank Act.
Sure, here's a refined conclusion for you:
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King respectfully requests that the court consider his appeal as timely. For the record, King is also submitting a copy of his Qualified Written Request (QWR) for required information, along with a request for an investigation of Federal and State violations by the CFPB and under the Dodd-Frank Act.
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Would you like help with anything else?
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King respectfully requests that the court consider his appeal as timely. For the record, King is also submitting a copy of his Qualified Written Request (QWR) for required information, along with a request for an investigation of Federal and State violations by the CFPB and under the Dodd-Frank Act.
---
Would you like help with anything else?
Beautiful
Hi ****,
Great to hear that you're satisfied with the provided information. If you have any further questions or need additional assistance in the future, feel free to reach out. Good luck with your appeal!
Take care!
Great to hear that you're satisfied with the provided information. If you have any further questions or need additional assistance in the future, feel free to reach out. Good luck with your appeal!
Take care!
What does the heading look like when addressing the District of Massachusetts Appeals Court
Hi ****,
Here is a general format for the heading when addressing the District of Massachusetts Appeals Court:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States Court of Appeals for the First Circuit
John Joseph Moakley U.S. Courthouse
* Courthouse Way
Boston, MA *
Re: [Case Name], Docket No. [Docket Number]
---
Would you need help with any specific section or additional information?
Here is a general format for the heading when addressing the District of Massachusetts Appeals Court:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States Court of Appeals for the First Circuit
John Joseph Moakley U.S. Courthouse
* Courthouse Way
Boston, MA *
Re: [Case Name], Docket No. [Docket Number]
---
Would you need help with any specific section or additional information?
****; Please enhance the following ADA accommodations request for assistance.
Sure, ****! Here's an enhanced version of your ADA accommodations request for assistance:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States Court of Appeals for the First Circuit
John Joseph Moakley U.S. Courthouse
* Courthouse Way
Boston, MA *
Re: [Case Name], Docket No. [Docket Number]
Dear [Recipient's Name],
I am writing to formally request ADA (Americans with Disabilities Act) accommodations for my upcoming court proceedings. Due to my disability, I require the following accommodations to ensure equal access and full participation:
*. [Specific Accommodation #*]
*. [Specific Accommodation #*]
*. [Specific Accommodation #*]
These accommodations are necessary to address [briefly describe your disability and why these accommodations are needed].
I appreciate your understanding and prompt attention to this matter. Please confirm the receipt of this request and inform me of the next steps.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Would you like help with any specific accommodation details or additional information?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States Court of Appeals for the First Circuit
John Joseph Moakley U.S. Courthouse
* Courthouse Way
Boston, MA *
Re: [Case Name], Docket No. [Docket Number]
Dear [Recipient's Name],
I am writing to formally request ADA (Americans with Disabilities Act) accommodations for my upcoming court proceedings. Due to my disability, I require the following accommodations to ensure equal access and full participation:
*. [Specific Accommodation #*]
*. [Specific Accommodation #*]
*. [Specific Accommodation #*]
These accommodations are necessary to address [briefly describe your disability and why these accommodations are needed].
I appreciate your understanding and prompt attention to this matter. Please confirm the receipt of this request and inform me of the next steps.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Would you like help with any specific accommodation details or additional information?
In the past seven years I have been struggling in foreclosure proceedings as an illegal entity, without the promissory note or any verifying documents, has been able to evict me from my home of over 20 years.
I will be * in March.
The stress, lack of sleep, short-term memory loss, exhausting my financial resources, and the increasing inability to focus all of which are attributed to this ordeal along with my deteriorating health has made it very difficult for me to concentrate and focus as I continue to fight Pro se.
I have requested legal services from different agencies but none has been available. I am requesting the assistance of a non-lawyer, James Ezell, who is familiar with this legal matter, to help me organize and to present evidence in my foreclosure case.
Hi ****,
Given your situation, it is crucial to request ADA accommodations clearly and comprehensively. Here’s an enhanced version of your request:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States Court of Appeals for the First Circuit
John Joseph Moakley U.S. Courthouse
* Courthouse Way
Boston, MA *
Re: [Case Name], Docket No. [Docket Number]
Dear [Recipient's Name],
I am writing to formally request ADA (Americans with Disabilities Act) accommodations for my upcoming court proceedings. Due to my disability, I require the following accommodations to ensure equal access and full participation:
*. Assistance from a non-lawyer, James Ezell, who is familiar with my legal matter, to help organize and present evidence.
*. Extended time for filing and reviewing documents due to my deteriorating health and cognitive impairments.
*. Physical accommodations, such as seating arrangements, due to my inability to stand for more than a minute and ongoing back issues.
These accommodations are necessary to address my severe health conditions, including bladder cancer, shoulder replacement, sciatica, and mental health challenges, which significantly impair my ability to represent myself effectively.
I appreciate your understanding and prompt attention to this matter. Please confirm the receipt of this request and inform me of the next steps.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Would you need help with anything else?
Given your situation, it is crucial to request ADA accommodations clearly and comprehensively. Here’s an enhanced version of your request:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States Court of Appeals for the First Circuit
John Joseph Moakley U.S. Courthouse
* Courthouse Way
Boston, MA *
Re: [Case Name], Docket No. [Docket Number]
Dear [Recipient's Name],
I am writing to formally request ADA (Americans with Disabilities Act) accommodations for my upcoming court proceedings. Due to my disability, I require the following accommodations to ensure equal access and full participation:
*. Assistance from a non-lawyer, James Ezell, who is familiar with my legal matter, to help organize and present evidence.
*. Extended time for filing and reviewing documents due to my deteriorating health and cognitive impairments.
*. Physical accommodations, such as seating arrangements, due to my inability to stand for more than a minute and ongoing back issues.
These accommodations are necessary to address my severe health conditions, including bladder cancer, shoulder replacement, sciatica, and mental health challenges, which significantly impair my ability to represent myself effectively.
I appreciate your understanding and prompt attention to this matter. Please confirm the receipt of this request and inform me of the next steps.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Would you need help with anything else?
Beautiful; should I add
I have been receiving mental services from psychiatrist and my therapist along with their reports? And; My Massachusetts Disabled Persons Parking Identification Placard # is PCL4000362.
Yes, including that information can further support your request. Here’s an updated version:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States Court of Appeals for the First Circuit
John Joseph Moakley U.S. Courthouse
* Courthouse Way
Boston, MA *
Re: [Case Name], Docket No. [Docket Number]
Dear [Recipient's Name],
I am writing to formally request ADA (Americans with Disabilities Act) accommodations for my upcoming court proceedings. Due to my disability, I require the following accommodations to ensure equal access and full participation:
*. Assistance from a non-lawyer, James Ezell, who is familiar with my legal matter, to help organize and present evidence.
*. Extended time for filing and reviewing documents due to my deteriorating health and cognitive impairments.
*. Physical accommodations, such as seating arrangements, due to my inability to stand for more than a minute and ongoing back issues.
These accommodations are necessary to address my severe health conditions, including bladder cancer, shoulder replacement, sciatica, and mental health challenges, which significantly impair my ability torepresent myself effectively. I have been receiving mental health services from my psychiatrist and therapist, and their reports are available upon request. Additionally, my Massachusetts Disabled Persons Parking Identification Placard number is PCL4000362.
I appreciate your understanding and prompt attention to this matter. Please confirm the receipt of this request and inform me of the next steps.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Would you need help with anything else?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
United States Court of Appeals for the First Circuit
John Joseph Moakley U.S. Courthouse
* Courthouse Way
Boston, MA *
Re: [Case Name], Docket No. [Docket Number]
Dear [Recipient's Name],
I am writing to formally request ADA (Americans with Disabilities Act) accommodations for my upcoming court proceedings. Due to my disability, I require the following accommodations to ensure equal access and full participation:
*. Assistance from a non-lawyer, James Ezell, who is familiar with my legal matter, to help organize and present evidence.
*. Extended time for filing and reviewing documents due to my deteriorating health and cognitive impairments.
*. Physical accommodations, such as seating arrangements, due to my inability to stand for more than a minute and ongoing back issues.
These accommodations are necessary to address my severe health conditions, including bladder cancer, shoulder replacement, sciatica, and mental health challenges, which significantly impair my ability torepresent myself effectively. I have been receiving mental health services from my psychiatrist and therapist, and their reports are available upon request. Additionally, my Massachusetts Disabled Persons Parking Identification Placard number is PCL4000362.
I appreciate your understanding and prompt attention to this matter. Please confirm the receipt of this request and inform me of the next steps.
Thank you for your assistance.
Sincerely,
[Your Name]
---
Would you need help with anything else?
Excellant
I'm glad you found the information helpful, ****. If you need any further assistance or have more questions in the future, feel free to reach out. Good luck with your case!
AI, I need assistance in writing a motion to postpone by hearing, in the state court, scheduled for January *, *. I have requested ADA accommodations on the 14th but they are not going to inform me of a decision until that time. There's no way I will be fully prepared to represent myself should they rule against the accommodation. At this late date it would be more than difficult even with the accommodation. The uncertainty has left me extremely vulnerable. This court is aware of my handicap and need for assistance.
Hi ****,
Here's a motion to postpone your hearing:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
State of Connecticut Superior Court
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: Case No. [Your Case Number]
Motion to Postpone Hearing Scheduled for January *, *
Dear Judge [Judge's Last Name],
I, **** King, respectfully request a postponement of the hearing currently scheduled for January *, *. I have requested ADA accommodations on January *, *, but I will not receive a decision on these accommodations until the date of the hearing. This uncertainty leaves me unable to adequately prepare to represent myself, particularly if the accommodations are denied.
Given my disabilities and ongoing health issues, including bladder cancer, shoulder replacement, and severe back problems, it is crucial that I have the necessary accommodations to participate fully in the hearing. The court is aware of my handicap and my need for assistance.
The delay in accommodation decisions has left me extremely vulnerable, and it would be more than difficult toproceed even with the accommodations at this late date. Therefore, I request that the hearing be postponed to allow me adequate time to prepare once a decision on my ADA accommodations has been made.
Thank you for your understanding and consideration.
Sincerely,
[Your Name]
---
Would you need any further assistance?
Here's a motion to postpone your hearing:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
State of Connecticut Superior Court
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: Case No. [Your Case Number]
Motion to Postpone Hearing Scheduled for January *, *
Dear Judge [Judge's Last Name],
I, **** King, respectfully request a postponement of the hearing currently scheduled for January *, *. I have requested ADA accommodations on January *, *, but I will not receive a decision on these accommodations until the date of the hearing. This uncertainty leaves me unable to adequately prepare to represent myself, particularly if the accommodations are denied.
Given my disabilities and ongoing health issues, including bladder cancer, shoulder replacement, and severe back problems, it is crucial that I have the necessary accommodations to participate fully in the hearing. The court is aware of my handicap and my need for assistance.
The delay in accommodation decisions has left me extremely vulnerable, and it would be more than difficult toproceed even with the accommodations at this late date. Therefore, I request that the hearing be postponed to allow me adequate time to prepare once a decision on my ADA accommodations has been made.
Thank you for your understanding and consideration.
Sincerely,
[Your Name]
---
Would you need any further assistance?
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