Sure, here is the revised section including the Obstruction of Justice under federal law:
Obstruction of Justice (* U.S.C. § *)
- March *, *: James Tiernan and others filed a false claim in Superior Court under the Sailors’ Civil Relief Act of * to authorize the foreclosure of the property by entry and possession and exercise the Power Of Sale.
- May *, *: In the Massachusetts Land Court, James Tiernan filed false statements omitting that he had been engaging in racketeering loan sharking collection activities on a usurious interest rate trying to collect on a purported debt.
- June *, *: Godbout Law filed a lawsuit in Massachusetts State Court - Ralph M. Grieco et al. v. James M. Cronan et al., C.A. No. 1973CV00649, once again filing false claims and omitting the racketeering enterprise from the court.
- August *, *: Blake Godbout and L&S Realty filed a declaratory judgment action in the Massachusetts Housing Court, Case *:*-cv-*, once again omitting the racketeering efforts of loan sharking and attempting to collect on an illegal usurious debt.
- February *, *: L&S Realty filed a summary process complaint in a consolidated case action in the Massachusetts Housing Court, omitting the conspiracy to defraud.
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within my Background I stated should i revise and state Plaintiff alledges that Mr. Kusinitz has conspired *. The latest overt act was the purchase of the default judgment by * Fountain Street LLC assignee James Tiernan for $*,*, despite their claim of being creditors, to offset their damages in two high-stakes pending lawsuits against them.
*. The latest overt act has led to the continuance of predicate acts under the RICO claim, specifically under the Racketeer Influenced and Corrupt Organizations Act, * U.S.C. § * et seq.*. Mr. Kusinitz has conspired with Blake Godbout, representing James Tiernan, forming a
RICO enterprise. Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's illegal foreclosure into Southeast Housing Court. The enterprise was used to collect on a usurious interest rate and commit embezzlement, mail and wire fraud, and other predicate acts. Blake Godbout has knowingly conspired by filing a fabricated deed into Southeast Housing Court. He should not be granted this honor
Although this still is under obstruction of justice the following is the obstruction in this case STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE, SCCase No.: PC-*-*
Please revise
On March *, *, * Fountains Street LLC submitted financial documents electronically in response to discovery requests. These documents were investigated by forensic accountant Lorraine Horton. On February *, *, opposing counsel Barry J. Kusinitz, Esq. deposed Lorraine Horton, who clearly reported extensive commingling of funds, sham transactions, and other financial crimes against the Plaintiff by the Defendants. The submission of fabricated financial documents to this court constitutes obstruction of justice. Additionally, under the duty of candor, the attorney has a responsibility to inform the court of the false evidence submitted by
Case Rating: *
Sure, here is the revised section:
Obstruction of Justice (* U.S.C. § *)
- March *, *: * Fountains Street LLC submitted financial documents electronically in response to discovery requests. These documents were investigated by forensic accountant Lorraine Horton.
- February *, *: Opposing counsel Barry J. Kusinitz, Esq. deposed Lorraine Horton, who reported extensive commingling of funds, sham transactions, and other financial crimes against the Plaintiff by the Defendants.
- The submission of fabricated financial documents to this court constitutes obstruction of justice.
- Under the duty of candor, the attorney has a responsibility to inform the court of the false evidence submitted.
Would you like any further revisions or details?
their client.On October *, *, James Tiernan confessed to his unlawful foreclosure during a bench trial before the Honorable Richard G. Stearns. However, Mr. Kusinitz failed to inform the court of this confession. This failure constitutes obstruction of justice under Chapter *, Section 13B of the Massachusetts General Laws, as well as a violation of federal laws, including * U.S.C. § *, * U.S.C. § *, and * U.S.C. § *.On February *, *, during a hearing,
Case Rating: *
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Mr. Kusinitz falsely claimed that he served the Plaintiff. Additionally, on December *, *, the bankruptcy court granted * Fountain's Motion for issuance of writs of execution against the Plaintiff based on false claims that * Fountain was a creditor. However, the judgment, purchased for one-tenth of its value, was to mitigate damages in high-stakes lawsuits related to Mr. Tiernan's confessed illegal foreclosure and usury. This was not disclosed to the court, constituting obstruction of justice due to the cumulative falsehoods.
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please send me th complete Obstruction of justice without the borderline
Case Rating: *
Sure, here is the complete section on Obstruction of Justice without the borderline:
Obstruction of Justice (* U.S.C. § *)
- March *, *: James Tiernan and others filed a false claim in Superior Court under the Sailors’ Civil Relief Act of * to authorize the foreclosure of the property by entry and possession and exercise the Power Of Sale.
- May *, *: In the Massachusetts Land Court, James Tiernan filed false statements omitting that he had been engaging in racketeering loan sharking collection activities on a usurious interest rate trying to collect on a purported debt.
- June *, *: Godbout Law filed a lawsuit in Massachusetts State Court - Ralph M. Grieco et al. v. James M. Cronan et al., C.A. No. 1973CV00649, once again filing false claims and omitting the racketeering enterprise from the court.
- August *, *: Blake Godbout and L&S Realty filed a declaratory judgment action in the Massachusetts Housing Court, Case *:*-cv-*, once again omitting the racketeering efforts of loan sharking and attempting to collect on an illegal usurious debt.
- February *, *: L&S Realty filed a summary process complaint in a consolidated case action in the Massachusetts Housing Court, omitting the conspiracy to defraud.
- March *, *: * Fountains Street LLC submitted financial documents electronically in response to discovery requests. These documents were investigated by forensic accountant Lorraine Horton.
- February *, *: Opposing counsel Barry J. Kusinitz, Esq. deposed Lorraine Horton, who reported extensive commingling of funds, sham transactions, and other financial crimes against the Plaintiff by the Defendants. The submission of fabricated financial documents to this court constitutes obstruction of justice.
- Under the duty of candor, the attorney has a responsibility to inform the court of the false evidence submitted by their client.
- October *, *: James Tiernan confessed to his unlawful foreclosure during a bench trial before the Honorable Richard G. Stearns. However, Mr. Kusinitz failed to inform the court of this confession. This failure constitutes obstruction of justice under Chapter *, Section 13B of the Massachusetts General Laws, as well as a violation of federal laws, including * U.S.C. § *, * U.S.C. § *, and * U.S.C. § *.
- February *, *: During a hearing, Mr. Kusinitz falsely claimed that he served the Plaintiff.
- December *, *: The bankruptcy court granted * Fountain's Motion for issuance of writs of execution against the Plaintiff based on false claims that * Fountain was a creditor. However, the judgment, purchased for one-tenth of its value, was to mitigate damages in high-stakes lawsuits related to Mr. Tiernan's confessed illegal foreclosure and usury. This was not disclosed to the court, constituting obstruction of justice due to the cumulative falsehoods.
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should not i say this in february *, * rather than in October * *- This failure constitutes obstruction of justice under Chapter *, Section 13B of the Massachusetts General Laws, as well as a violation of federal laws, including * U.S.C. § *, * U.S.C. § *, and * U.S.C. § *
Case Rating: *
Your case involves multiple serious legal issues, including obstruction of justice, wire fraud, RICO violations, and other federal offenses. This is potentially a high-value case.
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Can you give me a bit more information about the issue?
no . please revise the above
Case Rating: *
Sure, here is the revised section:
Obstruction of Justice (* U.S.C. § *)
- March *, *: James Tiernan and others filed a false claim in Superior Court under the Sailors’ Civil Relief Act of * to authorize the foreclosure of the property by entry and possession and exercise the Power Of Sale.
- May *, *: In the Massachusetts Land Court, James Tiernan filed false statements omitting that he had been engaging in racketeering loan sharking collection activities on a usurious interest rate trying to collect on a purported debt.
- June *, *: Godbout Law filed a lawsuit in Massachusetts State Court - Ralph M. Grieco et al. v. James M. Cronan et al., C.A. No. 1973CV00649, once again filing false claims and omitting the racketeering enterprise from the court.
- August *, *: Blake Godbout and L&S Realty filed a declaratory judgment action in the Massachusetts Housing Court, Case *:*-cv-*, once again omitting the racketeering efforts of loan sharking and attempting to collect on an illegal usurious debt.
- February *, *: L&S Realty filed a summary process complaint in a consolidated case action in the Massachusetts Housing Court, omitting the conspiracy to defraud.
- March *, *: * Fountains Street LLC submitted financial documents electronically in response to discovery requests. These documents were investigated by forensic accountant Lorraine Horton.
- February *, *: Opposing counsel Barry J. Kusinitz, Esq. deposed Lorraine Horton, who reported extensive commingling of funds, sham transactions, and other financial crimes against the Plaintiff by the Defendants. The submission of fabricated financial documents to this court constitutes obstruction of justice. Under the duty of candor, the attorney has a responsibility to inform the court of the false evidence submitted by their client.
- October *, *: James Tiernan confessed to his unlawful foreclosure during a bench trial before the Honorable Richard G. Stearns. However, Mr. Kusinitz failed to inform the court of this confession.
- February *, *: During a hearing, Mr. Kusinitz falsely claimed that he served the Plaintiff.
- December *, *: The bankruptcy court granted * Fountain's Motion for issuance of writs of execution against the Plaintiff based on false claims that * Fountain was a creditor. However, the judgment, purchased for one-tenth of its value, was to mitigate damages in high-stakes lawsuits related to Mr. Tiernan's confessed illegal foreclosure and usury. This was not disclosed to the court, constituting obstruction of justice due to the cumulative falsehoods.
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should have mr. Kusinitz informed the court of the fabricated finaicail documents that his cleinet the defendants submitted? doesnt he have an attorney confidentiality to his client. Can you add attorney client confidentiality is not a defense to fraud. Otherwise Mr. Kusintitz would be obstructing justice and this is not within his services as an attoreny. please polish the above to include this argument.
Case Rating: *
Sure, here is the revised section including your argument:
Obstruction of Justice (* U.S.C. § *)
- March *, *: James Tiernan and others filed a false claim in Superior Court under the Sailors’ Civil Relief Act of * to authorize the foreclosure of the property by entry and possession and exercise the Power Of Sale.
- May *, *: In the Massachusetts Land Court, James Tiernan filed false statements omitting that he had been engaging in racketeering loan sharking collection activities on a usurious interest rate trying to collect on a purported debt.
- June *, *: Godbout Law filed a lawsuit in Massachusetts State Court - Ralph M. Grieco et al. v. James M. Cronan et al., C.A. No. 1973CV00649, once again filing false claims and omitting the racketeering enterprise from the court.
- August *, *: Blake Godbout and L&S Realty filed a declaratory judgment action in the Massachusetts Housing Court, Case *:*-cv-*, once again omitting the racketeering efforts of loan sharking and attempting to collect on an illegal usurious debt.
- February *, *: L&S Realty filed a summary process complaint in a consolidated case action in the Massachusetts Housing Court, omitting the conspiracy to defraud.
- March *, *: * Fountains Street LLC submitted financial documents electronically in response to discovery requests. These documents were investigated by forensic accountant Lorraine Horton.
- February *, *: Opposing counsel Barry J. Kusinitz, Esq. deposed Lorraine Horton, who reported extensive commingling of funds, sham transactions, and other financial crimes against the Plaintiff by the Defendants. The submission of fabricated financial documents to this court constitutes obstruction of justice. Under the duty of candor, the attorney has a responsibility to inform the court of the false evidence submitted by their client. Attorney-client confidentiality is not a defense to fraud. Otherwise, Mr. Kusinitz would be obstructing justice, which is not within his services as an attorney.
- October *, *: James Tiernan confessed to his unlawful foreclosure during a bench trial before the Honorable Richard G. Stearns. However, Mr. Kusinitz failed to inform the court of this confession.
- February *, *: During a hearing, Mr. Kusinitz falsely claimed that he served the Plaintiff.
- December *, *: The bankruptcy court granted * Fountain's Motion for issuance of writs of execution against the Plaintiff based on false claims that * Fountain was a creditor. However, the judgment, purchased for one-tenth of its value, was to mitigate damages in high-stakes lawsuits related to Mr. Tiernan's confessed illegal foreclosure and usury. This was not disclosed to the court, constituting obstruction of justice due to the cumulative falsehoods.
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enterprise was used to collect on a usurious interest rate and commit embezzlement, mail and wire fraud, and bankruptcy fraud and other predicate acts. Blake Godbout has knowingly conspired by filing a fabricated deed into Southeast Housing Court. He should not be granted this honor.
*. Mr. Kusinitz assisted defendants in their continuing crimes despite James Tiernan confessing to his unlawful foreclosure during a bench trial before the Honorable Richard G. Stearns on October *, *, as he continues to represent him.
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should i still state this in Background if I state it in Obstruction of justcie. Please revise this if I should not -*. Opposing counsel claimed to have served the Plaintiff, which was untrue.
*. The latest overt act was the purchase of the default judgment by * Fountain Street LLC assignee James Tiernan for $*,*, despite their claim of being creditors, to offset their damages in two high-stakes pending lawsuits against them.
*. The latest overt act has led to the continuance of predicate acts under the RICO claim, specifically under the Racketeer Influenced and Corrupt Organizations Act, * U.S.C. § * et seq.
*. Plaintiff alleges that Mr. Kusinitz has conspired with Blake Godbout, representing James Tiernan, forming a RICO enterprise. Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's illegal foreclosure into Southeast Housing Court. The
Case Rating: *
You do not need to restate the information in the Background section if it is already detailed under the Obstruction of Justice section. Here's the revised version:
Obstruction of Justice (* U.S.C. § *)
- March *, *: James Tiernan and others filed a false claim in Superior Court under the Sailors’ Civil Relief Act of * to authorize the foreclosure of the property by entry and possession and exercise the Power Of Sale.
- May *, *: In the Massachusetts Land Court, James Tiernan filed false statements omitting that he had been engaging in racketeering loan sharking collection activities on a usurious interest rate trying to collect on a purported debt.
- June *, *: Godbout Law filed a lawsuit in Massachusetts State Court - Ralph M. Grieco et al. v. James M. Cronan et al., C.A. No. 1973CV00649, once again filing false claims and omitting the racketeering enterprise from the court.
- August *, *: Blake Godbout and L&S Realty filed a declaratory judgment action in the Massachusetts Housing Court, Case *:*-cv-*, once again omitting the racketeering efforts of loan sharking and attempting to collect on an illegal usurious debt.
- February *, *: L&S Realty filed a summary process complaint in a consolidated case action in the Massachusetts Housing Court, omitting the conspiracy to defraud.
- March *, *: * Fountains Street LLC submitted financial documents electronically in response to discovery requests. These documents were investigated by forensic accountant Lorraine Horton.
- February *, *: Opposing counsel Barry J. Kusinitz, Esq. deposed Lorraine Horton, who reported extensive commingling of funds, sham transactions, and other financial crimes against the Plaintiff by the Defendants. The submission of fabricated financial documents to this court constitutes obstruction of justice. Under the duty of candor, the attorney has a responsibility to inform the court of the false evidence submitted by their client. Attorney-client confidentiality is not a defense to fraud. Otherwise, Mr. Kusinitz would be obstructing justice, which is not within his services as an attorney.
- October *, *: James Tiernan confessed to his unlawful foreclosure during a bench trial before the Honorable Richard G. Stearns. However, Mr. Kusinitz failed to inform the court of this confession.
- February *, *: During a hearing, Mr. Kusinitz falsely claimed that he served the Plaintiff.
- December *, *: The bankruptcy court granted * Fountain's Motion for issuance of writs of execution against the Plaintiff based on false claims that * Fountain was a creditor. However, the judgment, purchased for one-tenth of its value, was to mitigate damages in high-stakes lawsuits related to Mr. Tiernan's confessed illegal foreclosure and usury. This was not disclosed to the court, constituting obstruction of justice due to the cumulative falsehoods.
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Can I have a segment conspirsry between Mr. Kusinitz and Blake godbout and that Mr. godbout should not be granted this honor in this court as he is a main entity in the alleged rackeeterring. The latest overt act has led to the continuance of predicate acts under the RICO claim, specifically under the Racketeer Influenced and Corrupt Organizations Act, * U.S.C. § * et seq.*. Plaintiff alleges that Mr. Kusinitz has conspired with Blake Godbout, representing James Tiernan, forming a RICO enterprise. Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's illegal foreclosure into Southeast Housing Court. The enterprise was used to collect on a usurious interest rate and commit embezzlement, mail and wire fraud, and bankruptcy fraud and other predicate acts. Blake Godbout has knowingly conspired by filing a fabricated deed into Southeast Housing Court. He should not be granted this honor.
Case Rating: *
Your case involves multiple legal issues, including RICO violations, wire fraud, and obstruction of justice, which makes it potentially high-value. Would you like to be connected to local lawyers who can better assist you with your case? If yes, I will need to ask you a few questions.
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no please revise what i just wrote.
Case Rating: *
Sure, here is the revised segment including the conspiracy between Mr. Kusinitz and Blake Godbout, and that Mr. Godbout should not be granted this honor in court:
Conspiracy and Racketeering (RICO - * U.S.C. § * et seq.)
- Plaintiff alleges that Mr. Kusinitz has conspired with Blake Godbout, representing James Tiernan, forming a RICO enterprise.
- Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's illegal foreclosure into Southeast Housing Court.
- The enterprise was used to collect on a usurious interest rate and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts.
- The latest overt act has led to the continuance of predicate acts under the RICO claim.
- Blake Godbout has knowingly conspired by filing a fabricated deed into Southeast Housing Court. He should not be granted this honor in court as he is a main entity in the alleged racketeering.
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How can i say that Mr. tiernan has confessed to commiting an illegal foreclsoure here in this sentence- Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's illegal foreclosure into Southeast Housing Court and bankruptcy Court.
Case Rating: *
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How about this: "Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's confessed illegal foreclosure into Southeast Housing Court and bankruptcy court."
The enterprise was used to collect on a usurious interest rate and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts. can you clarify- It is a RICO defined usurious interest rate over *%.
Case Rating: *
Under RICO law, a usurious interest rate typically exceeds the legal limits set by state law. In Massachusetts, charging an interest rate exceeding *% per year is considered criminal usury (Mass. Gen. Laws Ch. *, § *).
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can you revise what I wrote here -- The enterprise was used to collect on a usurious interest rate and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts.
Case Rating: *
The enterprise was used to collect on a usurious interest rate exceeding *%, as defined under Massachusetts law, and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts.
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the interest rate was double that they used over *%
Case Rating: *
It appears that the interest rate used was over *%, which is significantly above the legal limit in Massachusetts and could be considered usurious under RICO.
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please revise to show the magnitude of the issue including the *% amount- The enterprise was used to collect on a usurious interest rate exceeding *%, as defined under Massachusetts law, and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts.
Case Rating: *
Sure, here is the revised statement to show the magnitude of the issue, including the *% interest rate amount:
"The enterprise was used to collect on a usurious interest rate exceeding *%, which is significantly above the *% legal limit defined under Massachusetts law, and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts."
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I state- The latest overt act has led to the continuance of predicate acts under the RICO claim.
- Blake Godbout has knowingly conspired by filing a fabricated deed into Southeast Housing Court and bankruptcy Court. He should not be granted this honor in court as he is a main entity in the alleged racketeering . Although I define the overt act later in the motion should I say involving their false stetments in the bankrupcty court.
Case Rating: *
- For the RICO claim, explicitly mention the false statements in bankruptcy court for clarity.
- The revised statement: "The latest overt act involves false statements in bankruptcy court, leading to the continuance of predicate acts under the RICO claim. Blake Godbout knowingly conspired by filing a fabricated deed into Southeast Housing Court and bankruptcy court. He should not be granted this honor in court as he is a main entity in the alleged racketeering."
Would you like any further revisions or details?
will the court know what
Case Rating: *
It sounds like you are dealing with a very complex legal situation involving multiple serious allegations. It's important to be as clear and detailed as possible in your filings to ensure the court understands the full extent of the issues.
Here is the revised statement with the added specificity about the false statements in bankruptcy court:
Conspiracy and Racketeering (RICO - * U.S.C. § * et seq.)
- Plaintiff alleges that Mr. Kusinitz has conspired with Blake Godbout, representing James Tiernan, forming a RICO enterprise.
- Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's confessed illegal foreclosure into Southeast Housing Court and bankruptcy court.
- The enterprise was used to collect on a usurious interest rate exceeding *%, which is significantly above the *% legal limit defined under Massachusetts law, and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts.
- The latest overt act involves false statements in bankruptcy court, leading to the continuance of predicate acts under the RICO claim.
- Blake Godbout has knowingly conspired by filing a fabricated deed into Southeast Housing Court and bankruptcy court. He should not be granted this honor in court as he is a main entity in the alleged racketeering.
Would you like any further revisions or details?
this honor" is the court gave him a label to assist in counsel?
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Will the court know what this "honor" is?
Case Rating: *
To ensure clarity, it might be best to explicitly state what the "honor" refers to in your filing. Here’s a revised version:
Conspiracy and Racketeering (RICO - * U.S.C. § * et seq.)
- Plaintiff alleges that Mr. Kusinitz has conspired with Blake Godbout, representing James Tiernan, forming a RICO enterprise.
- Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's confessed illegal foreclosure into Southeast Housing Court and bankruptcy court.
- The enterprise was used to collect on a usurious interest rate exceeding *%, which is significantly above the *% legal limit defined under Massachusetts law, and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts.
- The latest overt act involves false statements in bankruptcy court, leading to the continuance of predicate acts under the RICO claim.
- Blake Godbout has knowingly conspired by filing a fabricated deed into Southeast Housing Court and bankruptcy court. He should not be granted the honor of assisting in counsel in this court as he is a main entity in the alleged racketeering.
Would you like any further revisions or details?
Please revise the honor was called Pro Hac Vice
Case Rating: *
It seems like you have a potentially high-value case involving multiple serious legal issues. Would you like to be connected to local lawyers who can better assist you with your case? If yes, I will need to ask you a few questions.
Here is the revised section mentioning Pro Hac Vice:
Conspiracy and Racketeering (RICO - * U.S.C. § * et seq.)
- Plaintiff alleges that Mr. Kusinitz has conspired with Blake Godbout, representing James Tiernan, forming a RICO enterprise.
- Mr. Godbout knowingly assisted James Tiernan by filing a fabricated deed procured from Tiernan's confessed illegal foreclosure into Southeast Housing Court and bankruptcy court.
- The enterprise was used to collect on a usurious interest rate exceeding *%, which is significantly above the *% legal limit defined under Massachusetts law, and commit embezzlement, mail and wire fraud, bankruptcy fraud, and other predicate acts.
- The latest overt act involves false statements in bankruptcy court, leading to the continuance of predicate acts under the RICO claim.
- Blake Godbout has knowingly conspired by filing a fabricated deed into Southeast Housing Court and bankruptcy court. He should not be granted the honor of assisting in counsel in this court Pro Hac Vice, as he is a main entity in the alleged racketeering.
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please clarify does this mean that parties agreed to the entry of the default judgement " The docket reads- *-*-* hearing on Motion for entry of default judgement (*;00am) Plaintiff's motion for Entry of default judgement against defendants the classic group Inc and * Fountain st LLC. Passed by agreement of parties."
Case Rating: *
The phrase "Passed by agreement of parties" suggests that both parties agreed to the motion for entry of default judgment on the specified date. This likely means that there was no opposition to the motion, and it was agreed upon without the need for further litigation on that matter.
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Is there a federal or rhode island law that meergers a lien of a case with a default judgement meaning once a case is dimsissed (wih or without damage awards to either party) the default judgment is dismissed too?
Case Rating: *
To the best of my knowledge, there isn't a specific federal or Rhode Island law that automatically merges a lien of a case with a default judgment, meaning once a case is dismissed, the default judgment is dismissed too. Generally, a default judgment stands as a separate legal ruling and must be specifically vacated or appealed to be dismissed.
Here are some general points to consider:
- Default Judgment: Typically, once entered, it remains unless successfully challenged by a motion to vacate or an appeal.
- Lien: If a lien was placed due to the judgment, it usually requires a court order to be removed, even if the underlying case is dismissed.
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if I can establish the default judgement as an example holding up to the light as support to my allegations of bankrupct fraud would this support a motion to set aside the default judgement?
Case Rating: *
If you can establish that the default judgment was obtained through fraudulent means, such as bankruptcy fraud, you may have grounds for a motion to set aside the default judgment. Here are some points to consider:
- Fraud upon the court can be grounds for vacating a judgment.
- Evidence supporting the fraud claim is crucial.
- Timeliness in filing the motion is important.
Would you like more detailed information on how to proceed with this motion?
On Febrary *, * I filed a motion to contest the writ of exection and the court gave until March 5th to hear objections. I I Should ifile a motion to set aside the default judgment too please write it - here's the time line of fraud March *, *: Filed for Chapter * bankruptcy for Classic Display Inc.
Late August *: Attended three meetings with Ralph Grieco ( financial advisor from *) at Apponaug Business Services Inc.
First Meeting: Ralph discussed his new plan without reviewing financial documents.
Second Meeting: Ralph introduced James to James Tiernan. He was self dealing and conflict of interest
Case Rating: *
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No first write it. Third Meeting: Discussed Ralph and Tiernan going into business with James and protecting his family home from foreclosure. Ralph reassured James about transferring the home loan from Bristol County Savings Bank (BCSB).
August *: Received a phone call from Ralph Grieco instructing James to stop paying $*/month to Mr. D'Orio, liquidate, and open a new company, The Classic Group, Inc.
August *, *: Signed an Asset Purchase Agreement with Ralph Grieco under Trustee DiOrio.
September *, *: Signed a Bill of Sale with Ralph Grieco under the sale of R. DiOrio.
November *, *: James Cronan's Chapter * case converted to Chapter *.
Case Rating: *
Based on the information you provided, it appears you have substantial evidence of fraud and other serious allegations. This could potentially be a high-value case, and professional legal assistance might be beneficial.
Here is a draft of the motion to set aside the default judgment:
---
Motion to Set Aside Default Judgment
Plaintiff: [Your Name]
Defendant: [Defendant's Name]
Case Number: [Case Number]
Court: [Court Name]
MOTION TO SET ASIDE DEFAULT JUDGMENT
Background:
*. March *, *: Filed for Chapter * bankruptcy for Classic Display Inc.
*. Late August *: Attended three meetings with Ralph Grieco, a financial advisor from *, at Apponaug Business Services Inc.
- First Meeting: Ralph discussed his new plan without reviewing financial documents.
- Second Meeting: Ralph introduced James to James Tiernan, who had a conflict of interest and was self-dealing.
- Third Meeting: Discussed Ralph and Tiernan going into business with James and protecting his family home from foreclosure. Ralph reassured James about transferring the home loan from Bristol County Savings Bank (BCSB).
*. August *: Received a phone call from Ralph Grieco instructing James to stop paying $*/month to Mr. D'Orio, liquidate, and open a new company, The Classic Group, Inc.
*. August *, *: Signed an Asset Purchase Agreement with Ralph Grieco under Trustee DiOrio.
*. September *, *: Signed a Bill of Sale with Ralph Grieco under the sale of R. DiOrio.
*. November *, *: James Cronan's Chapter * case converted to Chapter *.
Grounds for Setting Aside Default Judgment:
*. February *, *: Filed a motion to contest the writ of execution, and the court set a hearing for objections on March 5th.
*. The default judgment was obtained through fraudulent means, including bankruptcy fraud, as evidenced by the timeline of events and actions taken by the defendants.
*. Evidence of false and fraudulent financial documents submitted to the court.
*. Fraud upon the court, as detailed in the timeline and supporting documentation.
Request for Relief:
Plaintiff respectfully requests that the Court set aside the default judgment based on the grounds of fraud upon the court, as detailed above. The fraudulent actions by the defendants have led to an unjust judgment, and setting aside the default judgment is necessary to ensure justice is served.
Conclusion:
For the foregoing reasons, Plaintiff respectfully requests that this Court set aside the default judgment and grant any further relief deemed just and proper.
Date: [Date]
Signature: [Your Signature]
Name: [Your Name]
Address: [Your Address]
Phone Number: [Your Phone Number]
Email: [Your Email]
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May *, *: The trustee filed an adversary proceeding against Mr. Cronan and Ms. Merritt based on the previous fraud by Ralph Grieco who was handling the estate.
November *, *: The court entered a default judgment. Following this, Mr. Cronan met with Mr. DiOrio's agent at his office in Rhode Island to resolve the issue, and the agent said it would be $* to resolve it, which Mr. Cronan did not have.February *, *: Ralph Grieco and James Tiernan conspired to have James transfer a $*.* million building for $*,* through the bankruptcy court, with no consideration received by James based on a promise to return his name to the title.
Case Rating: *
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July *, *: Plaintiffs, James Tiernan f/b/o custodian Pensco Trust Company and Richard Fagan f/b/o custodian Pensco Trust Company, filed a knowingly fraudulent Motion for relief from stay.
July *, *: Plaintiffs, James Tiernan f/b/o custodian Pensco Trust Company and Richard Fagan f/b/o custodian Pensco Trust Company, filed Two False Proof of Claims in the Bankruptcy Court notwithstanding having no standing, they submitted the same false numbers as above against the Estate.
*: Cronan’s former counsel for this case, Eric Renner Esq., and Cronan met with D’Orio per Renner’s advice. The outcome was he now wanted $*,* to settle it. He also put a lien on this case.
Case Rating: *
Your case involves multiple serious allegations including bankruptcy fraud, RICO violations, and obstruction of justice. This could potentially be a high-value case that would benefit from professional legal assistance.
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August *, *: Blake Godbout, Esq., conspiring with L & S Realty LLC, filed a Motion for Relief from Stay based on fabricated documents including a fabricated foreclosure deed executed by a fraudulent conveyance by Mr. Tiernan to L & S Realty.
December *, *: The court granted * Fountain Street LLC motion for issuance of writs of execution as creditors having bought the $*,* default judgment from Mr. DiOrio for $*,* to offset its damages from two lawsuits from Plaintiff seeking damages for illegal foreclosure and usury
Case Rating: *
Your case involves multiple serious allegations, including bankruptcy fraud, RICO violations, and obstruction of justice. Given the complexities and potential high value, it would be beneficial to discuss this with a local lawyer.
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