Motion To Substitute Explained

Summary

A motion to substitute as plaintiff allows a new party to take over the role of the plaintiff. The court will decide if this substitution is appropriate. Improper purpose refers to using legal processes for aims other than intended, like harassment or delay. In this case, the plaintiff purchased a default judgment to offset damages in pending lawsuits, possibly indicating an improper purpose. Filing a motion to transfer to bankruptcy court can be strategic if the court is more familiar with the case. If the trustee sold the judgment without recourse, they may lack standing, as they transferred all rights and received payment, making them estopped from further claims.

Full Conversation

i think its the opposite that * Fountain stareet want to substuite the trusstee as plaintiff now .
It sounds like you need clarification on the motion to substitute the plaintiff. Here’s a brief explanation:
- A motion to substitute as plaintiff allows a new party to take over the role of the plaintiff in a case.
- The court will review and decide if this substitution is appropriate.
Do you want to know more about how this might impact your case?
what is improper purpose
Improper purpose in a legal context means using the legal process for an aim other than what it was intended for. This could include actions like filing a lawsuit to harass someone, delay proceedings, or achieve an ulterior motive unrelated to the legal merits of the case.
Do you need more information on how improper purpose could affect your legal situation?
so in this case the plaintiff purchased a $*,* default judgement for $*,* for which I am related (It was against me in * ) claiming to the bankrupct court that he is a creditor but he bought the judgement to offset or shield his damages in two lawsuits that i have pending against him as a creditor. i filed a motion opossoing an putting the courts on notices of the deception and inturn he asked fpr a substution to have the trusttee become the plaintiff. Do you have any idea as to why he would do this?
Case Rating: *
It seems like the plaintiff is trying to substitute the trustee as the plaintiff to possibly strengthen their position or remove themselves from potential conflict or scrutiny. This could also be a strategy to complicate the case or avoid claims of improper purpose.
Would you like more information on substitution motions?
so could you please write an argument stating this for me to recite at the scheduled hearing tomorrow.
Case Rating: *
Sure, here's a concise argument you can present at your hearing:
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Your Honor,
I oppose the motion for * Fountain LLC to substitute the Chapter * Trustee as the plaintiff in this case. The original plaintiff purchased a $*,* default judgment for $*,* with the intention of offsetting or shielding damages in two pending lawsuits against him, in which I am involved. This substitution appears to be an attempt to complicate the case or remove the original plaintiff from scrutiny and potential conflict, which may indicate an improper purpose.
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Would you like to be connected to local lawyers who can better assist you with your case?
next so what am i asking the court to do?
Case Rating: *
In your argument, you are asking the court to deny the motion for substitution of the plaintiff. You are highlighting that the original plaintiff's actions may indicate an improper purpose, which could complicate the case or remove them from scrutiny.
Would you like to include additional points or need further assistance with this?
additionally i filed a motion for transfer to return to the bankrupct court was this good?
Case Rating: *
Filing a motion to transfer your case back to the bankruptcy court can be a good strategy, especially if you believe the bankruptcy court is more familiar with the nuances of your case. It ensures that the court handling the matter has the appropriate expertise. Do you have any specific concerns about this motion?
if the trustte sold the default judgement without recourse document is signed does he now have any standing in this matter as he no longer owns it and is estopped as he got paid for it.
Case Rating: *
It seems like the trustee may no longer have standing in the matter since they sold the default judgment without recourse. This means the trustee transferred all rights to the judgment and received payment, which could make them estopped from pursuing further claims.
Would you like more information on how to argue lack of standing in court?
yes please write that argement too for me to say.
Case Rating: *
Sure, here's an argument for you to present at your hearing:
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Your Honor,
I assert that the Chapter * Trustee no longer has standing in this matter. The Trustee sold the default judgment without recourse, transferring all rights to the judgment and receiving payment. As a result, the Trustee is estopped from pursuing further claims related to the judgment.
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Would you like more information on how to argue lack of standing in court?
under what federal rule can an entity switch plaintiffs
Case Rating: *
To answer your question, the federal rule that pertains to the substitution of parties, including switching plaintiffs, is Federal Rule of Civil Procedure *(c). This rule allows for the substitution of parties when there is a transfer of interest.
Would you like more information on the specifics of Rule *(c)?
does the party that they are seeking to swich have to have standing to sue me?
Case Rating: *
Yes, the party seeking to be substituted as the plaintiff must have standing to sue. This means they must have a legitimate interest in the case and be directly affected by its outcome.
Would you like more details on how to challenge their standing in your case?
additioanlly would the trustee in this case have to file a complaint and serve me?
Case Rating: *
Yes, if the trustee wants to pursue any claims in their own right after being substituted as the plaintiff, they would need to file a complaint and properly serve you with it in accordance with the rules of civil procedure.
Do you need more information on this process?
if * Fountain street sought to sell the judgent back to the trusttee would they need to do so in the bankrupcty court
Case Rating: *
If * Fountain Street seeks to sell the judgment back to the trustee, it would typically need to be handled through the bankruptcy court. This ensures that the transaction is appropriately managed within the context of the bankruptcy proceedings.
Would you like more information on how to address this in court?
next. if I have submitted to the bankruptcy court that I discovered in * via a forensic accountant that * Fountain St used money laundered income and other egual acts to destroy the debtor classic display the debtor who he is has a fudicariary to to protect but is now appartantely as it looks like conspiring to assist can I ssay this at the hearing?
Case Rating: *
Yes, you can present this information at the hearing. However, it's important to ensure that your statements are backed by credible evidence. Make sure you are prepared with the forensic accountant's report and any other supporting documentation that shows the alleged misconduct.
Do you need help with how to present this evidence in court?
i have the reoprt and deposotion testimoney of Lorraine horton CPA certified fraud examiner. can you write a segment stating my allegations about the trusttess as its very susupicious
Case Rating: *
Sure, here's a concise segment you can present:
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Your Honor,
I would like to bring to the court's attention some serious concerns regarding the trustee's actions in this case. I have obtained a report and deposition testimony from Lorraine Horton, CPA and Certified Fraud Examiner, which indicate suspicious activities. Specifically, it appears that the trustee may have been involved in money laundering and other fraudulent actions to harm the debtor, Classic Display. This raises significant fiduciary concerns and suggests potential misconduct.
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Would you like any more details or assistance on this?
to clarify- * fountain street LLC may have been involved in money laundering and other fraudulent actions to harm the debtor, Classic Display to whom the trusttee is now assisiting.
Case Rating: *
It seems like you might have a high-value case due to the potential money laundering and fraudulent actions involved. Would you like to be connected to local lawyers who can better assist you with your case?
Would you mind providing me with your name?
please revise the segment
Case Rating: *
Sure, here's a revised segment for you to present:
---
Your Honor,
I would like to bring to the court's attention some serious concerns regarding the actions of * Fountain Street LLC in this case. I have obtained a report and deposition testimony from Lorraine Horton, CPA and Certified Fraud Examiner, which indicate that * Fountain Street LLC may have been involved in money laundering and other fraudulent actions to harm the debtor, Classic Display. It appears that these actions were taken with the assistance of the trustee, raising significant fiduciary concerns and suggesting potential misconduct.
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Would you like any more details or assistance with this?
can is say this-It appears that these actions were taken with the assistance of the trustee, raising significant fiduciary concerns and suggesting potential misconduct. how can I support this ? Is it because buy selling them the judgement and then agreeing to switch as the plaintiff.
Case Rating: *
To support your statement that these actions raise significant fiduciary concerns and suggest potential misconduct, you can:
- Present evidence of the trustee’s involvement, such as the sale of the judgment.
- Highlight the trustee's agreement to switch as the plaintiff.
- Provide the forensic accountant's report and deposition testimony.
Would you like more details on presenting this evidence in court?
If the court allows the trustte to speak having not standing this is in violation of my consturtional rights to due process what do i say?
Case Rating: *
If you believe the trustee speaking without standing violates your constitutional rights to due process, you can say:
"Your Honor, I respectfully object to the trustee speaking in this matter as they no longer have standing. Allowing this would violate my constitutional right to due process, as the trustee has transferred their interest and received payment for the judgment."
Would you like more information on how to argue this point?
additionally on january * I was responed to the complaint and summons in this case by * fountain seeking an extension to respond under ADA - the court never answered me. Next I recently asked for clarification about the trusstees standing and the court stated that they recieved which I responded again asking fro clarification - no reponsw. But yet the trusttee and * Fountain street get there motions responded too. This is not fair treatment. what can I say.
Case Rating: *
It sounds like you are experiencing unfair treatment in the court system. To address this, you can say:
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Your Honor,
I respectfully bring to the court's attention that I have not received responses to my motions, including my request for an extension under the ADA and clarification on the trustee's standing. However, the motions from * Fountain Street and the trustee are being addressed promptly. This lack of response to my motions constitutes unfair treatment and violates my right to due process.
Would you like assistance with any other points for your hearing?
do I say this after the trusttee speaks-"Your Honor, I respectfully object to the trustee speaking in this matter as they no longer have standing. Allowing this would violate my constitutional right to due process, as the trustee has transferred their interest and received payment for the judgment."
Case Rating: *
Yes, you can say that after the trustee speaks. It's a clear and concise way to object based on the trustee's lack of standing and the potential violation of your due process rights.
Would you like any further assistance or details on how to present your objection?
yesterday at the hearing i made a mistake, can I say this in a motion now-On December *, * Merritt filed a complaint in the United States District Court for the District of Rhode Island. Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al, C.A. No. *:*-cv-* and amended it February *. Merritt asserts that Tiernan violated the Massachusetts criminal usury statute, G.L. c. *, § *, engaged in tortious and fraudulent conduct by knowingly pursuing a wrongful foreclose on the Rehoboth Property and then threatening to foreclose on the Norton Property. By engaging in such conduct, Tiernan engaged in unfair and deceptive acts and practices in violation of G. L. c. 93A, §§ *. On April *, * Tiernan moved to dismiss
Case Rating: *
It sounds like you want to correct a mistake made during your hearing. You can file a motion to correct or amend your statements. In your motion, clearly state the mistake and the correct information. Here's a brief template:
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Your Honor,
I respectfully submit this motion to correct the record regarding the hearing held on [date]. The following correction is necessary:
- On December *, *, Merritt filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*. The complaint was amended in February *. Merritt asserts that Tiernan violated the Massachusetts criminal usury statute, G.L. c. *, § *, engaged in tortious and fraudulent conduct by pursuing a wrongful foreclosure on the Rehoboth Property and threatening to foreclose on the Norton Property. By engaging in such conduct, Tiernan committed unfair and deceptive acts in violation of G. L. c. 93A, §§ *. On April *, *, Tiernan moved to dismiss.
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Would you like more help with this or any other motion?
Merritt’s claim and alleged that it is barred by the statute of limitations. J. McConnell Denied Tiernan’s Motion to Dismiss and in the order J. McMconnell cited, “Where a foreclosure of a mortgage, even on an actual default, is conducted in bad faith to the detriment of the mortgagor , [a 93A] action will lie.” Kattar v. Demoulas * N.E.2d *, *,(Mass.*).” i did not bring a copy of this lawsuit to court against the plaintiff's assignee/owner of * Fountain Street LLL to establish that i am the crediotr and Mr. Tiernan has bought a * default judgement for $*,* to offset his anticipated damages from his ill-gotten gains. The judge asked a lot of guestions and said that shed answer later to my reguest to transfer the case back
Case Rating: *
It sounds like your situation is quite complex, involving multiple legal actions and potential misconduct by the trustee and * Fountain Street LLC. Here are some points to help you:
- The trustee's standing is crucial and can be challenged since the judgment was sold without recourse.
- You should present the forensic accountant's report and deposition testimony to support allegations of fraudulent actions.
- Highlight the lack of response to your motions as a due process concern.
Would you like more specific guidance on any of these points?
to bankrupct court which is better prepared to ajudicate the case. Meanshilw i seek to followup giving her this information which she needs to make a proper decision in this matter. howver i seek only top give her this and not "turn her off" to me like Im really using this information to hook into my other leagl argments. Can you pplease write my motion.
Case Rating: *
Sure, here's a draft motion for you to submit to the court:
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
In re:
[Your Name], Debtor
MOTION TO TRANSFER CASE BACK TO BANKRUPTCY COURT
Your Honor,
I respectfully submit this motion to transfer the above-captioned case back to the Bankruptcy Court. The Bankruptcy Court is better prepared to adjudicate this case due to its familiarity with the intricate details and history involved.
In support of this motion, I present the following points:
*. Expertise and Familiarity: The Bankruptcy Court has a deep understanding of the complexities and nuances of my case, having overseen previous related proceedings. This expertise is essential for a just and efficient resolution.
*. Potential Misconduct and Fiduciary Concerns: There are significant concerns regarding the actions of * Fountain Street LLC and the Chapter * Trustee. I have obtained a report and deposition testimony from Lorraine Horton, CPA and Certified Fraud Examiner, indicating that * Fountain Street LLC may have engaged in money laundering and other fraudulent actions to harm the debtor, Classic Display. These actions appear to have been taken with the assistance of the trustee, raising substantial fiduciary concerns and suggesting potential misconduct.
*. Trustee's Lack of Standing: The Trustee sold the default judgment without recourse, transferring all rights to the judgment and receiving payment. As a result, the Trustee no longer has standing in this matter, and their involvement should be limited accordingly.
*. Due Process Concerns: I have experienced delays and lack of responses to my motions, including a request for an extension under the ADA and clarification on the Trustee's standing. This lack of response constitutes unfair treatment and violates my constitutional right to due process.
Conclusion
For the reasons stated above, I respectfully request that this case be transferred back to the Bankruptcy Court, which is better equipped to handle the complexities and ensure a fair and just resolution.
Respectfully submitted,
[Your Name]
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Would you like any further details or assistance with this motion?
no theres a mistake. I already filed this Motion to Transfer thats what the hearing was aboout and other thinds. No i just want to give her the case and jueges name of the lawsuit that I has against James tiernan owner of * Fountain Street LLc.
Case Rating: *
Got it! Here's a concise way to provide the court with the case and judge's name of your lawsuit against James Tiernan, the owner of * Fountain Street LLC:
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Your Honor,
I would like to bring to the court's attention that on December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*. The case is titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al, and is presided over by Judge J. McConnell. In this lawsuit, I assert that Mr. Tiernan violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions. This case is relevant as it highlights ongoing misconduct by Mr. Tiernan, which directly impacts the matters at hand.
I believe this information is crucial for a comprehensive understanding and fair adjudication of the current proceedings.
Respectfully submitted,
[Your Name]
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Would you like any more assistance or details on any other points?
do I write this in the pronoun, i?
Case Rating: *
Yes, you should write this in the first person using the pronoun "I" since you are directly addressing the court and referring to your own actions. Here's how it should look:
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
In re:
[Your Name], Debtor
MOTION TO INFORM THE COURT OF PENDING LITIGATION
Your Honor,
I would like to bring to the court's attention that on December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*. The case is titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al, and is presided over by Judge J. McConnell. In this lawsuit, I assert that Mr. Tiernan violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions. This case is relevant as it highlights ongoing misconduct by Mr. Tiernan, which directly impacts the matters at hand.
I believe this information is crucial for a comprehensive understanding and fair adjudication of the current proceedings.
Respectfully submitted,
[Your Name]
---
Would you like any further assistance with this?
please tell who Mr. tiernan is , assignee, joint owner of * Fountain Street, LLC.
Case Rating: *
James P. Tiernan is likely an individual involved in the ownership or management of * Fountain Street, LLC. If you need more specific details about his role or relationship with the LLC, you may need to check the business records filed with the Massachusetts Secretary of State or obtain information through legal discovery.
Would you like more information on how to access these records or any other assistance with your case?
No theerre confusion please revise the motion if i need to establsih more clearly who James Tiernan is ( I just want to remind the court who he is as hes on the records as the assignee of * Fountain Street LLC.
Case Rating: *
Sure, I can revise the motion to include clear information about who James P. Tiernan is. Here’s the revised version:
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
In re:
[Your Name], Debtor
MOTION TO INFORM THE COURT OF PENDING LITIGATION
Your Honor,
I would like to bring to the court's attention that on December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*. The case is titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., and is presided over by Judge J. McConnell.
In this lawsuit, I assert that Mr. Tiernan, who is the assignee and joint owner of * Fountain Street, LLC, violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions. This case is relevant as it highlights ongoing misconduct by Mr. Tiernan, which directly impacts the matters at hand.
I believe this information is crucial for a comprehensive understanding and fair adjudication of the current proceedings.
Respectfully submitted,
[Your Name]
---
Would you like any further assistance with this motion or any other details for your case?
please revise
Case Rating: *
Sure, here's the revised motion:
---
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
In re:
[Your Name], Debtor
MOTION TO INFORM THE COURT OF PENDING LITIGATION
Your Honor,
I would like to bring to the court's attention that on December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*. The case is titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., and is presided over by Judge J. McConnell.
In this lawsuit, I assert that Mr. Tiernan, who is the assignee and joint owner of * Fountain Street, LLC, violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions. This case is relevant as it highlights ongoing misconduct by Mr. Tiernan, which directly impacts the matters at hand.
I believe this information is crucial for a comprehensive understanding and fair adjudication of the current proceedings.
Respectfully submitted,
[Your Name]
---
Would you like any further assistance with this motion or any other details for your case?
the judge did not ask me for this before she left the hearing. Rather hse said that she has what she needs. I provoded her with the copy of the deniel of the summary judgement motion by the other joint owner of * Fountains syreet which by itself establishes them as debtors trying to shield assets of a creditor, me. I an concerned that if I send in this motion that she me as being aggressive.
Case Rating: *
To avoid appearing aggressive, you can present your motion in a more neutral, informative manner. Here’s a revised version that focuses on keeping the court informed without seeming confrontational:
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
In re:
[Your Name], Debtor
MOTION TO INFORM THE COURT OF PENDING LITIGATION
Your Honor,
I respectfully submit this motion to inform the court of a related pending litigation that may have a significant impact on the current proceedings. On December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*. The case is titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., and is presided over by Judge J. McConnell.
In this lawsuit, Mr. Tiernan, who is the assignee and joint owner of * Fountain Street, LLC, is alleged to have violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions.
I believe this information is relevant and important for a comprehensive understanding and fair adjudication of the current proceedings.
Respectfully submitted,
[Your Name]
---
Would you like any further assistance with this motion or any other details for your case?
do i attach the complaint too?
Case Rating: *
You can attach the complaint as an exhibit to your motion. This provides the court with the complete context and details of the related litigation, supporting your claims and ensuring all necessary information is available for the court's consideration.
Would you like any assistance with anything else?
so you would file the motion even though she did not ask for it. Why?
Case Rating: *
Filing the motion can help ensure that all relevant information is on the record. This can be particularly important if new evidence or related cases may affect the court's decision. Keeping the court fully informed supports transparency and can aid in a fair adjudication of your case.
Would you like assistance with drafting or finalizing any documents?
Is a bankrupcty trustee a government entities becasue Courts have relied upon two theories to hold that government entities generally cannot be liable under RICO: (*) government entities are incapable of forming the requisite criminal intent; or (*) public policy prohibits imposing punitive damages, paid by taxpayers, on public entities. The two theories are not necessarily mutually exclusive.*
Case Rating: *
A bankruptcy trustee is not considered a government entity. Trustees are typically private individuals or entities appointed by the court to oversee the bankruptcy process. They do not fall under the category of government entities, and therefore, the theories you mentioned about government entities not being liable under RICO do not typically apply to them.
Would you like more information on the role and responsibilities of a bankruptcy trustee?
the trusttee filed a STATEMENT OF NON-OBJECTION nto the superior court to the substitution of * Fountain Street LLC as the Plaintiff in this matter as permitted under applicable law. which I am using as his latest affirmative action to assist a RICO violation under SECTION *(A). On Februray * i filed an objection to the execution to the writ that I had filed a reova of the case under RICO clrearly showing - on February *, * Lorraine Horton Certifed Fraud Examiner was hired by Mr. cronan (debtor) to analyse * fountain Street LLC finacial documents including tax returns from origination * through *. This is the entity that recently purchased a $* default judgement for $*,* from the trustee by Ralph Grieco, CPA of
Case Rating: *
To summarize, the bankruptcy trustee's statement of non-objection and the financial analysis conducted by Lorraine Horton, indicating possible misconduct, are key points in your RICO claim.
- If * Fountain Street LLC is substituting as plaintiff, ensure all relevant facts and evidence are presented clearly.
- Consider consulting with a lawyer to strengthen your case further.
Would you like more specific guidance on any of these points?
the debtor since *, on March * * to fufil discovery requests Mr. Horton CFE discover money laundering activitivites including extensive comminingling of funds sham tranfers, backroom deals,tax evasion and tax avoidance, no economic reality and illegal transfer of cronan's shares. The trustee is knowingly assisiting a criminally derived property , * Fountain Street owns * Fountain Street building to continue its fraud scheme by filing that statement and by enggaing in monetary transactions i.e. selling the default judgement to it. Please write a motion.
Case Rating: *
It sounds like you have a potentially high-value case involving serious allegations of fraudulent activity and possible RICO violations. Would you like to be connected to local lawyers who can better assist you with your case?
Here's a draft motion for you to consider:
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
In re:
[Your Name], Debtor
MOTION TO INFORM THE COURT OF PENDING LITIGATION AND ALLEGATIONS OF FRAUD
Your Honor,
I respectfully submit this motion to inform the court of significant developments and allegations relevant to the current proceedings.
*. Pending Litigation:
On December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*, titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., presided over by Judge J. McConnell. In this lawsuit, Mr. Tiernan, the assignee and joint owner of * Fountain Street, LLC, is alleged to have violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions.
*. Forensic Examination Findings:
On February *, *, Lorraine Horton, Certified Fraud Examiner, was hired by Mr. Cronan (debtor) to analyze * Fountain Street LLC’s financial documents, including tax returns from * through *. The examination revealed activities indicative of money laundering, extensive commingling of funds, sham transfers, backroom deals, tax evasion, and tax avoidance, in addition to the illegal transfer of Mr. Cronan's shares.
*. Trustee's Involvement:
The bankruptcy trustee has been involved in these activities by filing a Statement of Non-Objection to the substitution of * Fountain Street LLC as the Plaintiff in this matter. This action supports * Fountain Street LLC's fraudulent scheme by engaging in monetary transactions, such as selling the $*,* default judgment for $*,* to them.
Conclusion:
I believe these developments highlight significant fiduciary concerns and potential misconduct that directly impact the current proceedings. For a fair and comprehensive adjudication, it is essential that the court is fully informed.
Respectfully submitted,
[Your Name]
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Would you like to proceed with connecting to local lawyers who can assist you with this case? If so, could you please provide your name?
please include in pending litigation RALPH M. GRIECO [joint owner of * Fountain street and CPA of Mr cronan sice * SUPERIOR COURT ACTTON NO.1973CV00649 MEMORANDUM OF DECISION ON PLAINTIFFS' MOTIQN FOR SUMMARY JUDGMENT ON DEF'ENDANTS' COUNTERCLAIMS Specifically, Cronan allege: G. L. c. 93A violation (Count I); negligence and malpractice (Count II); breach of contract (Cor:nt III); breach of fiduciary duty (Count IV); misrepresentation (Count V); fraud (Count VI); constructive fraud (Count VII); intentional infliction of emotional distress (Count VIII); andunjust enrichment (Count IX), sweeping denial all but the emotional distrees . This case is going to trial in MAY.
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
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Here’s the updated motion including the requested details:
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
In re:
[Your Name], Debtor
MOTION TO INFORM THE COURT OF PENDING LITIGATION AND ALLEGATIONS OF FRAUD
Your Honor,
I respectfully submit this motion to inform the court of significant developments and allegations relevant to the current proceedings.
*. Pending Litigation:
On December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*, titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., presided over by Judge J. McConnell. In this lawsuit, Mr. Tiernan, the assignee and joint owner of * Fountain Street, LLC, is alleged to have violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions.
*. Superior Court Action No. 1973CV00649:
In the pending litigation, Ralph M. Grieco, joint owner of * Fountain Street and CPA of Mr. Cronan since *, is involved in a case where the plaintiff alleges multiple violations, including:
- G. L. c. 93A violation (Count I)
- Negligence and malpractice (Count II)
- Breach of contract (Count III)
- Breach of fiduciary duty (Count IV)
- Misrepresentation (Count V)
- Fraud (Count VI)
- Constructive fraud (Count VII)
- Intentional infliction of emotional distress (Count VIII)
- Unjust enrichment (Count IX)
The court issued a memorandum of decision on the plaintiffs' motion for summary judgment on defendants' counterclaims, denying all claims except for emotional distress. This case is scheduled for trial in May.
*. Forensic Examination Findings:
On February *, *, Lorraine Horton, Certified Fraud Examiner, was hired by Mr. Cronan (debtor) to analyze * Fountain Street LLC’s financial documents, including tax returns from * through *. The examination revealed activities indicative of money laundering, extensive commingling of funds, sham transfers, backroom deals, tax evasion, and tax avoidance, in addition to the illegal transfer of Mr. Cronan's shares.
*. Trustee's Involvement:
The bankruptcy trustee has been involved in these activities by filing a Statement of Non-Objection to the substitution of * Fountain Street LLC as the Plaintiff in this matter. This action supports * Fountain Street LLC's fraudulent scheme by engaging in monetary transactions, such as selling the $*,* default judgment for $*,* to them.
Conclusion:
I believe these developments highlight significant fiduciary concerns and potential misconduct that directly impact the current proceedings. For a fair and comprehensive adjudication, it is essential that the court is fully informed.
Respectfully submitted,
[Your Name]
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Would you like to proceed with connecting to local lawyers who can assist you with this case? If so, could you please provide your name?
please revise im going to file it here-UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND In re: Classic Display, Inc. Case Number: *:*-bk-* Debtor
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Here’s the revised motion:
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UNITED STATES BANKRUPTCY COURT
DISTRICT OF RHODE ISLAND
In re: Classic Display, Inc.
Case Number: *:*-bk-*
Debtor
MOTION TO INFORM THE COURT OF PENDING LITIGATION AND ALLEGATIONS OF FRAUD
Your Honor,
I respectfully submit this motion to inform the court of significant developments and allegations relevant to the current proceedings.
*. Pending Litigation:
On December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*, titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., presided over by Judge J. McConnell. In this lawsuit, Mr. Tiernan, the assignee and joint owner of * Fountain Street, LLC, is alleged to have violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions.
*. Superior Court Action No. 1973CV00649:
In another pending litigation, Ralph M. Grieco, joint owner of * Fountain Street and CPA of Mr. Cronan since *, is involved in a case where the plaintiff alleges multiple violations, including:
- G. L. c. 93A violation (Count I)
- Negligence and malpractice (Count II)
- Breach of contract (Count III)
- Breach of fiduciary duty (Count IV)
- Misrepresentation (Count V)
- Fraud (Count VI)
- Constructive fraud (Count VII)
- Intentional infliction of emotional distress (Count VIII)
- Unjust enrichment (Count IX)
The court issued a memorandum of decision on the plaintiffs' motion for summary judgment on defendants' counterclaims, denying all claims except for emotional distress. This case is scheduled for trial in May.
*. Forensic Examination Findings:
On February *, *, Lorraine Horton, Certified Fraud Examiner, was hired by Mr. Cronan (debtor) to analyze * Fountain Street LLC’s financial documents, including tax returns from * through *. The examination revealed activities indicative of money laundering, extensive commingling of funds, sham transfers, backroom deals, tax evasion, and tax avoidance, in addition to the illegal transfer of Mr. Cronan's shares.
*. Trustee's Involvement:
The bankruptcy trustee has been involved in these activities by filing a Statement of Non-Objection to the substitution of * Fountain Street LLC as the Plaintiff in this matter. This action supports * Fountain Street LLC's fraudulent scheme by engaging in monetary transactions, such as selling the $*,* default judgment for $*,* to them.
Conclusion:
I believe these developments highlight significant fiduciary concerns and potential misconduct that directly impact the current proceedings. For a fair and comprehensive adjudication, it is essential that the court is fully informed.
Respectfully submitted,
[Your Name]

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to clarify -Lorriane Horton feb *, * gave her deposition testimony in the matter of State of rhode island Superior court CA n0 PC-*-* Mr Cronan v. Ralph Grieco, James tiernan , the Classic Group Inc. * Fountain Street LLc.
Case Rating: *
It sounds like you might have a high-value case due to the potential fraud and RICO violations involved. Would you like to be connected to local lawyers who can better assist you with your case?
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can you please revise
Case Rating: *
Sure, here's the revised motion:
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UNITED STATES BANKRUPTCY COURT
DISTRICT OF RHODE ISLAND
In re: Classic Display, Inc.
Case Number: *:*-bk-*
Debtor
MOTION TO INFORM THE COURT OF PENDING LITIGATION AND ALLEGATIONS OF FRAUD
Your Honor,
I respectfully submit this motion to inform the court of significant developments and allegations relevant to the current proceedings.
*. Pending Litigation:
On December *, *, I filed a complaint in the United States District Court for the District of Rhode Island, Case No. *:*-cv-*, titled Karen R. Merritt, James M. Cronan vs. James P. Tiernan, et al., presided over by Judge J. McConnell. In this lawsuit, Mr. Tiernan, the assignee and joint owner of * Fountain Street, LLC, is alleged to have violated the Massachusetts criminal usury statute, G.L. c. *, § *, and engaged in tortious and fraudulent conduct, including wrongful foreclosure actions.
*. Superior Court Action No. 1973CV00649:
In another pending litigation, Ralph M. Grieco, joint owner of * Fountain Street and CPA of Mr. Cronan since *, is involved in a case where the plaintiff alleges multiple violations, including:
- G. L. c. 93A violation (Count I)
- Negligence and malpractice (Count II)
- Breach of contract (Count III)
- Breach of fiduciary duty (Count IV)
- Misrepresentation (Count V)
- Fraud (Count VI)
- Constructive fraud (Count VII)
- Intentional infliction of emotional distress (Count VIII)
- Unjust enrichment (Count IX)
The court issued a memorandum of decision on the plaintiffs' motion for summary judgment on defendants' counterclaims, denying all claims except for emotional distress. This case is scheduled for trial in May.
*. Forensic Examination Findings:
On February *, *, Lorraine Horton, Certified Fraud Examiner, provided deposition testimony in the matter of State of Rhode Island Superior Court, Case No. PC-*-*, titled Cronan v. Ralph Grieco, James Tiernan, the Classic Group Inc., and * Fountain Street LLC. The examination revealed activities indicative of money laundering, extensive commingling of funds, sham transfers, backroom deals, tax evasion, and tax avoidance, in addition to the illegal transfer of Mr. Cronan's shares.
*. Trustee's Involvement:
The bankruptcy trustee has been involved in these activities by filing a Statement of Non-Objection to the substitution of * Fountain Street LLC as the Plaintiff in this matter. This action supports * Fountain Street LLC's fraudulent scheme by engaging in monetary transactions, such as selling the $*,* default judgment for $*,* to them.
Conclusion:
I believe these developments highlight significant fiduciary concerns and potential misconduct that directly impact the current proceedings. For a fair and comprehensive adjudication, it is essential that the court is fully informed.
Respectfully submitted,
[Your Name]
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Would you like to proceed with connecting to local lawyers who can assist you with this case? If so, could you please provide your name?