Filing Bankruptcy Appeal Waiver

Summary

In Massachusetts, to waive court costs for a bankruptcy appeal, file a Motion to Proceed In Forma Pauperis, using Form AO 240. This form is typically not served to opposing counsel as it is a request to the court. If you need to proceed with litigation despite an automatic stay, consider filing a Motion for Limited Relief from Automatic Stay. Keep the appeals court informed of any developments, such as intentions to appeal bankruptcy decisions, to support your case. Consult local court rules for specific procedures.

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I am already in cahpter *. I am filing a notice of appeal form 417A.
In your situation, since you are already in Chapter * and need to file a notice of appeal, you will likely need to file a Motion to Proceed In Forma Pauperis to request a waiver of court costs due to indigency. This is different from the form for Chapter *.
Do you need assistance on how to complete the Motion to Proceed In Forma Pauperis?
yes. Where do i get the form?
You can obtain the Motion to Proceed In Forma Pauperis form from the local bankruptcy court's website or in person at the court.
Would you like assistance on how to fill out the form?
what is the number of the form?
The form you need is the AO *, also known as the "Application to Proceed in District Court Without Prepaying Fees or Costs."
Would you like some tips on how to fill out the form?
i do not think I serve this form to opposing attorney as it is confodential right? Or no I serve it?
You generally do not need to serve the Motion to Proceed In Forma Pauperis (Form AO *) to the opposing attorney because it is a request to the court. However, always verify with the local court's rules.
Do you need help with any other part of your appeal process?
i dont want to pay any costs though and not just prepaying fees or costs. i dont think its the right form
For your situation, you might need to file a separate motion requesting a full waiver of any costs associated with your appeal. In Massachusetts, you should look for a "Motion to Waive Fees and Costs" specific to bankruptcy appeals.
Would you like guidance on how to draft this motion?
yes could you please write the motion?
Sure, I can help draft a basic template for your "Motion to Waive Fees and Costs" for a bankruptcy appeal. Here's a sample motion you can customize:
---
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
In re:
[Your Name],
Debtor.
Case No.: [Your Case Number]
Chapter: *
NOTICE OF APPEAL
MOTION TO WAIVE FEES AND COSTS
[Your Name], the Appellant in the above-captioned matter, respectfully submits this Motion to Waive Fees and Costs, and in support thereof states as follows:
*. Introduction:
I, [Your Name], am the debtor in the above-captioned Chapter * bankruptcy case and have filed a Notice of Appeal regarding [specific order or judgment being appealed].
*. Indigency:
I am currently indigent and unable to pay the costs associated with this appeal. My income and financial resources are insufficient to cover these expenses, as demonstrated in the attached Affidavit of Financial Statement.
*. Legal Basis:
Pursuant to * U.S.C§ * and applicable local rules, the court has the authority to waive fees and costs for indigent appellants.
*. Request:
I respectfully request that the court grant this Motion to Waive Fees and Costs associated with my appeal due to my financial hardship.
WHEREFORE, the Appellant, [Your Name], prays that this Honorable Court:
*. Grant this Motion to Waive Fees and Costs.
*. Provide any other relief the Court deems just and proper.
Dated: [Date]
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
---
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Motion to Waive Fees and Costs has been served upon all interested parties, as required by the local rules, on this [Date].
[Your Name]
---
Would you like more help with any particular part of this motion or any other aspect of your appeal process?
i dont hink I should be filing this to opposing counsel. Its beween me and the court. Right?
Case Rating: *
Yes, you're right. Generally, the Motion to Waive Fees and Costs is a request made to the court and does not need to be served to the opposing counsel. Always check local court rules to be certain.
Do you have any other questions or need further assistance with your appeal?
In addition should I reguest that I be allowed to have my attorneyEric renner proceed to ligate two pending court cases that have been under an automatic stay?
You can request that your attorney, Eric Renner, be allowed to proceed with the litigation of the two pending court cases despite the automatic stay. This could involve filing a motion for relief from the automatic stay.
Would you like guidance on how to draft this motion?
i dont want relief from the stay howver just relief to be allowed litgation procedures?
It sounds like you need to request specific relief to proceed with litigation without fully lifting the automatic stay. You might consider filing a "Motion for Limited Relief from Automatic Stay" to allow the litigation procedures to continue.
Would you like help drafting this motion?
dO I file that motion separately along with the notice of appeal?
You should file the "Motion for Limited Relief from Automatic Stay" separately from the Notice of Appeal. Each motion addresses different issues and needs to be filed independently.
Do you need help drafting the "Motion for Limited Relief from Automatic Stay"?
Is there only one automatic stay in bankruptcy court.IIf one creditor asked rto liket a stay does that affect all the other creditor's stay?
In bankruptcy court, there is typically one automatic stay that halts actions by all creditors against the debtor immediately upon filing. If one creditor seeks relief from the stay, it generally only affects that creditor's actions, not all creditors.
Do you have any other questions about the automatic stay or your appeal process?
this is what the opposing counsel filed in response to me filing an emergency motion to stay the lower court's execution of possession . Bankrupct court lifted my atomatci stay from a motion by opposingcounsel who is now trying to confuse the appeals court.Clerk of the Appeals Court, It is the opinion of the Plaintiff, that, pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and that the Plaintiff is not authorized to substantively respond to the Defendants' Emergency Motion to Stay Execution of Eviction Proceedings. The U.S. Bankruptcy Court granted a limited relief from stay for Plaintiff attached hereto as Exhibit A. Further attached are the docket for *-*, and the U.S. Bankruptcy Court's Order issued on October *, * as Exhibits B and C, respectively.
It sounds like the opposing counsel is arguing that the automatic stay under * U.S.C. § * applies, and they are using the limited relief granted by the Bankruptcy Court to navigate around your emergency motion in the appeals court.
Do you need help drafting a response to counter their argument and clarify your position?
i want the appeals court to stay that limited rerlief that was granted by the bankruptcy. Altough its a limited stay it has massive repercussions because I will wrongly evicted from my home based on this oppsoing counself filing a fuadulent foreclsoure deed.
It sounds like a critical situation. In Massachusetts, to stay the limited relief granted by the bankruptcy court, you may need to file a "Motion for Stay Pending Appeal" with the appeals court. This motion will request that the appeals court suspend the effect of the bankruptcy court's order while your appeal is being considered.
Would you like guidance on drafting this motion?
I did that this morning I filed a Motion for stay pending appeal and my the docketed my appeal but have not granted me the requested stay . Meanshile should I reply to the oppsoing counsel's opinion ?
You should generally respond to the opposing counsel's opinion to ensure your arguments are on record. Keep your response concise, focusing on the need for an immediate stay to prevent irreparable harm, like wrongful eviction, while your appeal is pending. Would you like help with drafting a response?
yes
Sure, here's a basic template you can use to draft your response to the opposing counsel's opinion:
---
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
In re:
[Your Name],
Debtor.
Case No.: [Your Case Number]
Chapter: *
NOTICE OF APPEAL
RESPONSE TO OPPOSING COUNSEL’S OPINION
[Your Name], the Appellant in the above-captioned matter, respectfully submits this Response to the Opposing Counsel’s Opinion, and in support thereof states as follows:
*. Introduction:
I, [Your Name], am the debtor in the above-captioned Chapter * bankruptcy case and have filed a Notice of Appeal regarding [specific order or judgment being appealed].
*. Emergency Motion for Stay Pending Appeal:
On [Date], I filed a Motion for Stay Pending Appeal to prevent irreparable harm, including wrongful eviction from my home, due to the limited relief from stay grantedby the Bankruptcy Court.
*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel.
*. Request for Immediate Stay:
Given the emergency nature of my situation and the severe consequences of wrongful eviction, I urge the Appeals Court to promptly grant my Motion for Stay Pending Appeal. This is crucial to prevent irreparable harm while my appeal is being considered.
WHEREFORE, the Appellant, [Your Name], respectfully requests that this Honorable Court:
*. Grant the Motion for Stay Pending Appeal.
*. Provide any other relief the Court deems just and proper.
Dated: [Date]
Respectfully submitted,
[Your Name]
Clarification of Limited Relief: The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. do I need to say the *% interest rate that was used to foreclsoe on my home has been undistubuted .
If the *% interest rate is a critical part of your argument and supports your claim of fraud or unfair practice, it would be important to include it. Here's an updated section for your response:
---
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. Additionally, the *% interest rate used in the foreclosure process has not been properly distributed, further evidencing the irregularities in the foreclosure.
---
Would you like help with any other parts of your response or additional questions about your case?
I have a * form question, what is d and Lse mean?
On Form *, Line "d" typically refers to the checkbox indicating whether you or your spouse (if filing jointly) can be claimed as a dependent on someone else’s return. "LSE" usually stands for "Lump Sum Election," a rare tax scenario.
Do you need help with anything else related to your * form?
what is taxable amount D?
On Form *, the term "Taxable Amount D" does not exist. However, if you are referring to an entry on a different form or section, please provide more context for accurate guidance.
Do you have any other questions about your tax return or legal issues?
its a drop down menu next on the left of 6b and you can choose from D, LSE and D and LSE?
It sounds like you're working with a software or online tax preparation tool. The options "D," "LSE," and "D and LSE" likely refer to specific designations relevant to your tax situation. "D" might indicate distributions, "LSE" could stand for Lump Sum Election, and "D and LSE" could mean both apply.
Would you like more detailed guidance on these choices, or help with another legal matter?
is social security a distribution?
Social Security benefits are considered a form of income, but they are not typically classified as "distributions" in the same way as retirement account withdrawals. Whether they are taxable and how they should be reported depends on your total income.
Do you need further clarification on how to report Social Security benefits on your tax return?
is social security payments taxable?
Social Security payments can be taxable depending on your income level. Here are key points:
- If Social Security is your only source of income, it's likely not taxable.
- If you have other income, up to *% of your Social Security benefits may be taxable.
Would you like more information on how to calculate the taxable portion?
I make less than $*,* a year
In your case, since you make less than $*,* a year, it is highly likely that your Social Security payments will not be taxable. Here are the specifics:
- If you file as an individual and your combined income is below $*,*, your Social Security is generally not taxable.
- Combined income is calculated as adjusted gross income + nontaxable interest + *% of Social Security benefits.
Would you like assistance with any other legal or tax matters?
Add lines 1z, 2b, 3b, 4b, 5b, 6b, *, and *. This is your total income does this include 6a?
Lines 1z, 2b, 3b, 4b, 5b, 6b, *, and * on Form * represent different sources of income. When you add these lines, you get your total income. Line 6a is your total Social Security benefits, but it is not included in total income unless part of it is taxable.
Would you like more help with any other part of your tax return or another legal issue?
what is schedule *
Schedule * on Form * is used to report additional income and adjustments to income that aren't listed directly on the main form. This includes:
- Additional Income: Unemployment compensation, prize or award money, gambling winnings, etc.
- Adjustments to Income: Student loan interest deduction, educator expenses, retirement contributions, etc.
Would you like more details on a specific entry or have another question?
I got my appeal to the single justice accepted although they have not ruled on my motion to stay the execution of my eviction to my home based on an illegal foreclsoure deed filed into the lowere court . In the motion i requested a atay because the bankruptcy court still had not ruled on my emergency reguest to reconsider his decision to lift my stay based on the same illegal foreclsoure deed. This morning the judge denied my motion and said that if I wanted to file an appeal do so immedietly. Should I update the Single Juctice that I intend to appeal the Bankruptcy decsion in District Court?
Yes, it's important to keep the Single Justice informed about all relevant developments in your case. You should update the Single Justice on your intention to appeal the bankruptcy decision in District Court. This can help provide context and show the urgency of your situation.
Would you like help drafting that update?
Can you write the update?
Sure, here's a draft update you can use to inform the Single Justice:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Single Justice [Justice's Name]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Update on Appeal and Motion to Stay Execution of Eviction
Dear Single Justice [Justice's Name],
I hope this letter finds you well. I am writing to provide an important update regarding my ongoing legal matters, which have significant implications for my appeal and the requested stay of execution of eviction from my home.
As you are aware, I have filed an appeal and a Motion to Stay the Execution of my Eviction, based on an allegedly illegal foreclosure deed. In my previous correspondence, I mentioned that the U.S. Bankruptcy Court had not yet ruled on my emergency request to reconsider its decision to lift the automatic stay.
This morning, the Bankruptcy Judge denied my motion to reconsider. The judge advised me to file an appeal immediately if I wished to contest this decision. Consequently,I intend to appeal the Bankruptcy Court's decision in the District Court. Given this latest development, I believe it is crucial to inform you promptly and request that the Appeals Court consider this ongoing issue as part of my case.
I respectfully reiterate the urgency of my situation and the severe repercussions of the potential wrongful eviction based on the disputed foreclosure deed. I kindly request that the Motion to Stay Execution of Eviction be granted to prevent irreparable harm while my appeals are being considered.
Thank you for your attention to this urgent matter.
Sincerely,
[Your Name]
[Your Signature]
[Date]
---
Would you like any modifications to this draft or assistance with any other part of your appeal process?
Id like to add to this *. Opposing Counsel's Submission: The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings. *. Clarification of Limited Relief: The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel
Certainly! Here's your updated draft with the additional sections included:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Single Justice [Justice's Name]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Update on Appeal and Motion to Stay Execution of Eviction
Dear Single Justice [Justice's Name],
I hope this letter finds you well. I am writing to provide an important update regarding my ongoing legal matters, which have significant implications for my appeal and the requested stay of execution of eviction from my home.
As you are aware, I have filed an appeal and a Motion to Stay the Execution of my Eviction, based on an allegedly illegal foreclosure deed. In my previous correspondence, I mentioned that the U.S. Bankruptcy Court had not yet ruled on my emergency request to reconsider its decision to lift the automatic stay.
This morning, the Bankruptcy Judge denied my motion to reconsider. The judge advised me to file an appeal immediately if I wished to contest this decision. Consequently, I intendto appeal the Bankruptcy Court's decision in the District Court. Given this latest development, I believe it is crucial to inform you promptly and request that the Appeals Court consider this ongoing issue as part of my case.
*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel.
I respectfully reiterate the urgency of my situation and the severe repercussions of the potential wrongful eviction based on the disputed foreclosure deed. I kindly request that the Motion to Stay Execution of Eviction be granted to prevent irreparable harm while my appeals are being considered.
Thank you for your attention to this urgent matter.
Sincerely,
[Your Name]
[Your Signature]
[Date]
---
Would you like any further adjustments or additional information on any part of your
Please note that the opposing counsel is not objecting to the fact that Merritt's home foreclsoed on a *% intyerest rate in violation of Chapter * section * making the action a siezure of my home and making the subsquent attempt to evict illegal. Therefore the opposing coundel has no standing to proceed in this civil case becasue the enity has no standing in this court. Standing under federal rules of ??? can be challenged at any time.
Certainly! I'll include your additional points regarding the *% interest rate and the standing issue. Here's the updated draft:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Single Justice [Justice's Name]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Update on Appeal and Motion to Stay Execution of Eviction
Dear Single Justice [Justice's Name],
I hope this letter finds you well. I am writing to provide an important update regarding my ongoing legal matters, which have significant implications for my appeal and the requested stay of execution of eviction from my home.
As you are aware, I have filed an appeal and a Motion to Stay the Execution of my Eviction, based on an allegedly illegal foreclosure deed. In my previous correspondence, I mentioned that the U.S. Bankruptcy Court had not yet ruled on my emergency request to reconsider its decision to lift the automatic stay.
This morning, the Bankruptcy Judge denied my motion to reconsider. The judge advised me to file an appeal immediatelyif I wished to contest this decision. Consequently, I intend to appeal the Bankruptcy Court's decision in the District Court. Given this latest development, I believe it is crucial to inform you promptly and request that the Appeals Court consider this ongoing issue as part of my case.
*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. Additionally, the *% interest rate used in the foreclosure process has not been properly distributed, further evidencing the irregularities in the foreclosure.
Please note that the opposing counsel is not objecting to the fact that my home was foreclosed on at a *% interest rate in violation of Chapter *, Section *, making the action a seizure of my home and rendering the subsequent attempt to evict illegal. Therefore,
Please Clarify this Additionally, the *% interest rate used in the foreclosure process has not been properly distributed,
Certainly! I'll finalize the draft including your specific points. Here's the updated letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Single Justice [Justice's Name]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Update on Appeal and Motion to Stay Execution of Eviction
Dear Single Justice [Justice's Name],
I hope this letter finds you well. I am writing to provide an important update regarding my ongoing legal matters, which have significant implications for my appeal and the requested stay of execution of eviction from my home.
As you are aware, I have filed an appeal and a Motion to Stay the Execution of my Eviction, based on an allegedly illegal foreclosure deed. In my previous correspondence, I mentioned that the U.S. Bankruptcy Court had not yet ruled on my emergency request to reconsider its decision to lift the automatic stay.
This morning, the Bankruptcy Judge denied my motion to reconsider. The judge advised me to file an appeal immediately if I wished to contest this decision.Consequently, I intend to appeal the Bankruptcy Court's decision in the District Court. Given this latest development, I believe it is crucial to inform you promptly and request that the Appeals Court consider this ongoing issue as part of my case.
*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. Additionally, the *% interest rate used in the foreclosure process has not been properly distributed, further evidencing the irregularities in the foreclosure.
Please note that the opposing counsel is not objecting to the fact that my home was foreclosed on at a *% interest rate in violation of Chapter *, Section *, making the action a seizure of my home and rendering the subsequent attempt to evict illegal. Therefore, the opposing counsel has no standing to
what do you mean has not been properly distributed?
The phrase "has not been properly distributed" refers to the assertion that the *% interest rate, which is unusually high and potentially illegal, was not applied or managed according to legal standards. This can indicate fraud or procedural errors in the foreclosure process.
Would you like to revise this section to make it clearer, or need help with another part of your case?
In addition the on the first day of June * the Town of Rehoboth filed a Tax complaint to foreclsoe the Rights of redemprion under G.L.c. *, * against L & S Realty in violation of the new Massachusetss Equity Theft Law making any private lender in violation of this law equally liable.
It sounds like you have a complex case involving multiple legal issues, including foreclosure and tax complaints. Here's an updated draft of your letter, incorporating all relevant points:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Single Justice [Justice's Name]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Update on Appeal and Motion to Stay Execution of Eviction
Dear Single Justice [Justice's Name],
I hope this letter finds you well. I am writing to provide an important update regarding my ongoing legal matters, which have significant implications for my appeal and the requested stay of execution of eviction from my home.
As you are aware, I have filed an appeal and a Motion to Stay the Execution of my Eviction, based on an allegedly illegal foreclosure deed. In my previous correspondence, I mentioned that the U.S. Bankruptcy Court had not yet ruled on my emergency request to reconsider its decision to lift the automatic stay.
This morning, the Bankruptcy Judge denied my motion to reconsider. Thejudge advised me to file an appeal immediately if I wished to contest this decision. Consequently, I intend to appeal the Bankruptcy Court's decision in the District Court. Given this latest development, I believe it is crucial to inform you promptly and request that the Appeals Court consider this ongoing issue as part of my case.
*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. Additionally, the *% interest rate used in the foreclosure process is extremely high and likely in violation of Chapter *, Section *, making the action a seizure of my home and rendering the subsequent attempt to evict me illegal.
Please note that the opposing counsel is not contesting the fact that my home was foreclosed on at a *% interest rate, which violates Chapter
please just provide me your update incorporating Equity Theft Law because I did not get it.
Certainly! Here’s the updated draft incorporating the Equity Theft Law:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Single Justice [Justice's Name]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Update on Appeal and Motion to Stay Execution of Eviction
Dear Single Justice [Justice's Name],
I hope this letter finds you well. I am writing to provide an important update regarding my ongoing legal matters, which have significant implications for my appeal and the requested stay of execution of eviction from my home.
As you are aware, I have filed an appeal and a Motion to Stay the Execution of my Eviction, based on an allegedly illegal foreclosure deed. In my previous correspondence, I mentioned that the U.S. Bankruptcy Court had not yet ruled on my emergency request to reconsider its decision to lift the automatic stay.
This morning, the Bankruptcy Judge denied my motion to reconsider. The judge advised me to file an appeal immediately if I wished to contest this decision. Consequently, Iintend to appeal the Bankruptcy Court's decision in the District Court. Given this latest development, I believe it is crucial to inform you promptly and request that the Appeals Court consider this ongoing issue as part of my case.
*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. Additionally, the *% interest rate used in the foreclosure process is extremely high and likely in violation of Chapter *, Section *, making the action a seizure of my home and rendering the subsequent attempt to evict me illegal.
Please note that the opposing counsel is not contesting the fact that my home was foreclosed on at a *% interest rate, which violates Chapter *, Section *. Furthermore, on the first day of June *, the
pklease just pride it to me independently as i am not reciving it
Certainly! Here’s the updated draft incorporating the Equity Theft Law:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Single Justice [Justice's Name]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Update on Appeal and Motion to Stay Execution of Eviction
Dear Single Justice [Justice's Name],
I hope this letter finds you well. I am writing to provide an important update regarding my ongoing legal matters, which have significant implications for my appeal and the requested stay of execution of eviction from my home.
As you are aware, I have filed an appeal and a Motion to Stay the Execution of my Eviction, based on an allegedly illegal foreclosure deed. In my previous correspondence, I mentioned that the U.S. Bankruptcy Court had not yet ruled on my emergency request to reconsider its decision to lift the automatic stay.
This morning, the Bankruptcy Judge denied my motion to reconsider. The judge advised me to file an appeal immediately if I wished to contest this decision. Consequently, Iintend to appeal the Bankruptcy Court's decision in the District Court. Given this latest development, I believe it is crucial to inform you promptly and request that the Appeals Court consider this ongoing issue as part of my case.
*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. Additionally, the *% interest rate used in the foreclosure process is extremely high and likely in violation of Chapter *, Section *, making the action a seizure of my home and rendering the subsequent attempt to evict me illegal.
Please note that the opposing counsel is not contesting the fact that my home was foreclosed on at a *% interest rate, which violates Chapter *, Section *. Furthermore, on the first day of June *, the
provide
Sure, here's the update with the Equity Theft Law incorporated:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Single Justice [Justice's Name]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Update on Appeal and Motion to Stay Execution of Eviction
Dear Single Justice [Justice's Name],
I hope this letter finds you well. I am writing to provide an important update regarding my ongoing legal matters, which have significant implications for my appeal and the requested stay of execution of eviction from my home.
As you are aware, I have filed an appeal and a Motion to Stay the Execution of my Eviction, based on an allegedly illegal foreclosure deed. In my previous correspondence, I mentioned that the U.S. Bankruptcy Court had not yet ruled on my emergency request to reconsider its decision to lift the automatic stay.
This morning, the Bankruptcy Judge denied my motion to reconsider. The judge advised me to file an appeal immediately if I wished to contest this decision. Consequently, I intend to appeal the Bankruptcy Court'sdecision in the District Court. Given this latest development, I believe it is crucial to inform you promptly and request that the Appeals Court consider this ongoing issue as part of my case.
*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. Additionally, the *% interest rate used in the foreclosure process is extremely high and likely in violation of Chapter *, Section *, making the action a seizure of my home and rendering the subsequent attempt to evict me illegal.
Please note that the opposing counsel is not contesting the fact that my home was foreclosed on at a *% interest rate, which violates Chapter *, Section *. Furthermore, on the first day of June *, the Town of Rehoboth filed a
please only give me the sentences that you wrote about equity theft
- Furthermore, on the first day of June *, the Town of Rehoboth filed a tax complaint to foreclose the rights of redemption under G.L.c. *, * against L & S Realty in violation of the new Massachusetts Equity Theft Law, making any private lender in violation of this law equally liable.
Do I add this after Opposing Counsel's submission?
Yes, you should add the information about the Equity Theft Law after the section on Opposing Counsel's submission. Here's how you can incorporate it:
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*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
*. Clarification of Limited Relief:
The limited relief from stay granted by the Bankruptcy Court, as referenced by the opposing counsel, has substantial repercussions, including my potential wrongful eviction based on a fraudulent foreclosure deed submitted by the opposing counsel. Additionally, the *% interest rate used in the foreclosure process is extremely high and likely in violation of Chapter *, Section *, making the action a seizure of my home and rendering the subsequent attempt to evict me illegal.
Furthermore, on the first day of June *, the Town of Rehoboth filed a tax complaint to foreclose the rights of redemption under G.L.c. *, * against L & S Realty in violation of the new Massachusetts Equity Theft Law, making anyprivate lender in violation of this law equally liable.
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Would you like any more assistance with this document or any other legal matter?
Please clarify and they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
Sure, here's a clarified version of the section regarding the opposing counsel's submission:
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*. Opposing Counsel's Submission:
The opposing counsel has submitted an opinion stating that, pursuant to * U.S.C. § *, this action has been automatically stayed by the U.S. Bankruptcy Court, and therefore, they are not authorized to substantively respond to my Emergency Motion to Stay Execution of Eviction Proceedings.
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Would you like any further assistance with your document or have additional questions?
why are they authorized to resppond?
In a bankruptcy case, the automatic stay under * U.S.C. § * generally halts most legal actions against the debtor. However, if the bankruptcy court grants a limited relief from stay to a creditor, that creditor may be authorized to take specific actions despite the stay. The opposing counsel's claim that they are not authorized to substantively respond to your emergency motion could be a strategic move to avoid discussing the merits of the case at this stage.
Would you like to know more about why a limited relief from stay might be granted or how to counter their argument in your response?