Unites States Bankruptcy Court

District of Massachusetts

Chapter 11

Case No. 96-10123-CJK

In re

V & M MANAGEMENT, INC.,

Debtor

PRETRIAL ORDER ON

REMANDED MOTION OF ALPHONSE MOURAD TO ALLOW ADMINISTRATIVE CLAIM LATE

Alphonse Mourad has filed a request for trial on the unadjudicated parts of his remanded

Motion of Alphonse Mourad to Allow Administrative Claim Late. The Court hereby orders Mr.

Mourad to file a pretrial statement on or before February 15, 2002, and the Trustee to

file his pretrial statement on or before April 12, 2002. Mr. Mourad may then file a further pretrial statement, as to his rebuttal evidence only, on or before June 4, 2002.

A party's pretrial statements shall include the following:

1. A list of the witnesses that a party intends to call;

2. With respect to each witness that a party intends to call, a brief statement from the parly as to the substance of the witness's expected testimony; and

3. A list of all exhibits that the party intends to introduce at trial, together with copies of the exhibits themselves. The documents shall be in the sequence proposed to be offered at trial and shall be numbered sequentially. Failure to file exhibits timely, or to include a document in the Pretrial Statement as an exhibit, may result in the exclusion of that document at trial. Each party is responsible for providing copies of all exhibits to opposing counsel and for having sufficient copies available at the trial for use by witnesses.

Date: 10/31/01

Carol J. Kenner

United States Bankruptcy Judge

cc: Mr. Alphonse Mourad

Paul Moore, Esq., for Stephen Gray, Creditors' Trustee

UNITED STATES BANKRUPTCY COURT

DISTRICT OF MASSACHUSETTS

In Re:

Chapter 11

V&M MNAGEMENT, INC.,

No. 96-10123-CK

Debtor

ALPHONSE MOURAD,

Plaintiff

vs

STEPHEN GREY, TRUSTEE

Defendants

PLAINTIFF'S PRETRIAL STATEMENT

Pursuant to this Court order of October 31, 2001, Plaintiff ALPHONSE MOURAD hereby submit the list of proposed witnesses, documents and exhibits.

A. PLAINTIFF'S WITNESSES

1. Custodian of Records

Verdolino and Lowery, P.C.

124 Washington Street

Foxborough, Mass 02035

Tel: (508) 543-1720

This witness is the custodian of records for the firm which conducted the accounting for

Trustee Stephen Grey during his management of V&M Management, including the payment of taxes. This witness will produce and will testify concerning the business nature of the accounting records.

2 Greg Jalbert,

Verdolino & Lowey, P.C.

124 Washington Street, Suite 101

Foxborough, MA 02035

Tel (508) 543-1720.

This witness was the accountant for V&M Management and the Trustee, Stephen Gray from 1996-1999. Mr. Jalbert was responsible for the taxes and the accounting of V&M Management. He will testify concerning the assessments, payment of taxes, and the cash flow through the trustee.

3. Frank D. Pietroski, MAI

FD Pietroski & Company

175 Derby Street, Unit #21

Hingham, MA 02043

Tel (617) 749-8830 Fax (617) 749-4920

Mr. Pietroski was hired by V&M Managment to do an appraisal of the V&M properties at the Mandela Apartments, and returned an appraisal of $11,000,000. He will testify concerning his appraisal.

4. Richard A. Cohen

Chairman, Board of Review

Boston City Hall

Assessing Department, Room 301

Boston, MA 02201

Mr.Cohen established an assessment of $10,000,000 on the V&M properties, and assessed taxes against V&M on that basis. He will testify concerning his method of determining the assessment, and the position of the City of Boston concerning the value of the property and the taxes to be levied against it.

5. Tony Crayton

Crayton Consultant Services

3 Douglas Park #313

Boston, MA 02118

Tel/Fax: (617) 427-4361

Mr. Crayton did an appraisal of the Mandela Apartments, and appraised the land alone in excess of $10,000,000. He will testify concerning his appraisal.

6. Kenneth Gurge, Esq.,

Arthur Chipouras, Esq.,

Mary Costigan, Esq.

Department of Revenue

Commonwealth of Massachusetts

100 Cambridge Street

Boston, MA

Mr. Gurge established an appraised value of the Mandela Apartments at $100,000, which figure was relied upon by the Trustee. He will testify concerning his method of arriving at the appraisal, and his interactions and relations with the Trustee. Mr. Chipouras established that V&M Management owed $4,000,000 in tax arrears despite the $100,000 appraisal, and will testify concerning how he established the tax liability. Ms. Costigan testified in prior proceedings concerning the $100,000 appraisal upon which the Trustee based his actions.

7. Marvis Knospe, Esq.

Internal Revenue Service

10 Causeway Street, Room 401

Boston, MA 02222

Mr. Knospe appeared at the Confirmation Hearing on behalf of the United States and the IRS and informed the trial court that the Trustee had agreed to pay all taxes and to satisfy all tax claims and that based upon those guarantees and representations, the IRS had no objection to the Confirmation Plan. Mr. Knopse will testify concerning conversations between himself and the Trustee, and the representations he made to the court.

8. David M. Lipton, Esq.

15 Court Square, Suite 425

Boston, MA 02108

Tel (617) 227-7666

Mr. Lipton will testify concerning a pattern of negligent conduct on the part of the Trustee involving other bankruptcy cases.

9. James P. Dillon, Jr.

Attorney At Law

1 Billings Road

N. Quincy, MA 02171

Mr. Dillon was the attorney for V&M regarding the real estate taxes. He will testify concerning his efforts to resolve the tax issue with the Commonwealth.

10. Larry Nelson

Vice President

American Capital Resource

1990 Resurgens Plaza

945 East Paces Ferry Rd.

Atlanta, Georgia 30326

Tel (404) 240-4300 Fax (404) 240-4313

Mr. Nelson will testify that he sent a letter to V&M Management and Plaintiff on January 30, 1996, stating that he was able to refinance Mandela for the amount of $9,000,000, which letter became the basis for the Plaintiff's Confirmation Plan.

11. Custodian of Records

Dept of Housing and Community Development

100 Cambridge Street, 18th Floor

Boston, MA 02202

This witness will produce and will testify as to the authenticity of records of the Department of Housing concerning the approval of the tax credits to Beacon Management rather than to Plaintiff.

12. Jane Wallis Gumble, Director

Department of Housing and Community Development

00 Cambridge Street, 18th Floor

Boston, MA 02202

Ms. Gumble approved the tax credit for the partnership of Beacon Management and the Mandela residents in 1997, and will testify concerning the reasons for granting the tax credit to Beacon, and the relationship between her office and the Trustee. She will also testify concerning the eventual capture of all the tax credits by Beacon Management.

13. Kevin Leprohon,

Joseph J. Blake and Associates, Inc.

Real Estate Appraisers and Consultants

10 East 40th Street, 26th Floor

New York, NY 10016

Tel (212) 779-0555 Fax (212) 779-0566

Mr. Lephohon appraised the Mandela Apartments on March 24, 1997 in access of $7,000,000, and will testify concerning his appraisal.

14. Custodian of Records

Beacon Residential Properties

2 Oliver Street

Boston, MA 0219

The custodian or records will produce and will testify concerning the nature of business records of Beacon Management, and in particular, those records pertaining to the acquisition of low-income housing credits from V&M Management, and the process of the acquisition of the Mandela Apartments.

15. Howard E. Cohen

Beacon Residential Properties

2 Oliver Street

Boston, MA 02109

Mr. Cohen will testify concerning the sale of the assets of V&M Management to Beacon, the transfer of the ten-year low income housing tax credit from the Trustee to Beacon, the application and approval of Beacon for the tax credit, the business relationship between the Trustee and , and the cash flow from HUD to the Trustee to Beacon.

16. Custodian of Records

Housing and Urban Development

New England Multifamily Project

Thomas P. O'Neill Office Building

10 Causeway Street, 10th Floor

Boston, MA 02222

The custodian of records will produce and will testify concerning records of HUD relating to the cash disbursements to the Trustee, the financial records submitted by the Trustee, the renewal of the HUD rent subsidy agreements with the Trustee, the approval of the sale of the property to Beacon, and the cash flow to Beacon.

17. James A. Tierney,

Director, Project Management of New England Multifamily HUD

Thomas P. O' Neill, Jr. Federal Building/Office of Housing

10 Causeway Street, 3rd Floor

Boston, MA 02222-1092

Mr. Tierney will testify concerning prior business relationships of the Trustee with HUD, the system of rent subsidies and the approval of the Trustee to operate the Mandela Apartments, the transfer of ownership to the Trustee, the low income housing tax credit system and eligibility to receive the credits, HUD's approval of the transfer of the credits to the Trustee and subsequently to Beacon.

18. Richard E. Bonz

President

Bonz & Company Incorporated

64 Broad St.

Boston, MA. 02109

(617) 478-2090

Mr. Bonz was retained by the Trustee to appraise Mandela Apartments and brought back an appraisal of $100,000 which was adopted by the Trustee. He will testify concerning the basis for his appraisal and his relationship with the Trustee.

19. Alphonse Mourad

125 West Street

Hyde Park, MA. 02163

(617) 312-4919

20. Steven Slavin, CPA

40 Grove Street

Wellesley, MA 02482

781-239-3335

Mr. Slavin did the 1995 and 1996 analysis if the V&M Management financial statements and the analysis of the personal liability of Plaintiff to V&M Management. He will testify concerning the cash flow from the company to the Plaintiff.

21. Donna Buccio

Office of the Chapter 11 Trustee

The Recovery Group

270 Congress Street

Boston, MA 02210

(617) 482-4242

Ms. Buccio prepared the monthly operating reports for J. Marshall, United States Trustee, concerning the Mandela Apartments, and will testify concerning the cash flow of the development.

22. Stephen Gray

Appointed Chapter 11 Trustee

The Recovery Group

270 Congress Street

Boston, MA 02210

(617) 482-4242

Stephen Gray was appointed as the Chapter 11 Trustee for V&M Management, Inc. from 1996-1999 by the United States Bankruptcy Court. He will testify with regard to all financial, accounting and managerial activities that took place during his tenure. In addition, Mr. Gray will provide detailed testimony with regard V&M's 1997 tax credit application.

Respectfully submitted this 14th day of February, 2002

By: _____________________________

Alphonse Mourad, pro per

125 West Street

Hyde Park, MA. 02163