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BAR NO. MB 99-100
V&M MANAGEMENT, INC. , Debtor.
Bankruptcy No. 96-10123-CJK
Plaintiff/Appellant, Adversary No. 99-1205
HAROLD MURPHY, DONALD FARRELL, JR. , HANIFY & KING, P.C. and STEPHEN GRAY, Defendants/Appellees.
NOTICE OF SCHEDULING ORAL ARGUMENT
This case is presently scheduled to be called for oral argument on Thursday, June 15, 2000 at 9:30 a.m. in Courtroom No. 2, 11th Floor, Thomas P. O'Neill Jr., Federal Building, 10 Causeway Street, Boston, MA.
By no later than noon of Friday, June 2, 2000, counsel for each party should advise this office, by completing and returning the enclosed form, of the name of the person who will be presenting oral argument. If there is a change in the arguing party, an appearance form by each arguing party must also be filed with the Clerk's Office before oral argument.
There will be no continuance except for grave cause. BY THE PANEL:
BARBARA I. BEATTY'
DATED: May 12, 2000
Good morning your honors. My name is Alphonse Mourad. I am representing my self as a pro-se litigant in the matter of V&M Management, Inc. - the debtor, and Alphonse Mourad Appellant, v. Hanify & King, Harold Murphy, Donald Farrell, Jr. and Stephen Gray.
I am President and sole stockholder of V&M Management, a sub-Chapter S Corporation.
I filed chapter 11 Bankruptcy in January 1996. Soon thereafter, I retained Hanify and King to represent V&M Management in the bankruptcy proceedings before Judge Carol Kenner's session.
I want to inform this court that on April 12, 2000 the US Bankruptcy Appellate Panel ruled to remand for further proceeding BAP No. MB 98-095 - V&M Management, Inc., Debtor, Alphonse Mourad, Appellant, v. Stephen S. Gray, Creditors' Trustee.
The Appellate Panel states, "We also deny the Trustee's request to strike paragraphs 5, 6, & 7 from the fourth page of Mourad's motion brief, as these are allegations of trustee negligence, raised and not resolved by the bankruptcy court, and the subject of our remand."
I'd like to begin by explaining the following claims against Hanify and King, Harold Murphy, and Donald Farrell and why these claims should be remanded to the Suffolk Superior Court.
Claims against Hanify & King, Harold Murphy, and Donald Farrell
At my request, Harold Murphy refused to file an appeal to the appointment of the trustee, Stephen Gray.
He failed to preserve my standing in the bankruptcy court when he failed to advice me to file a proof of claim.
He acted negligently when he represented Trustee Stephen Gray in the Patriot Paper Case at the very same time he was representing me and failed to disclose the conflict of interest. In fact, this was before Judge Kenner - so she was aware of the conflict of interest as well and did not disclose it.
Hanify & King robbed the estate by charging hefty fees - over $150,000. They produced no motions or objections on record to protect my ability to appeal Judge Kenner's rulings.
This is fraudulent and unethical behavior which has cost me my business and damages amounting to millions of dollars.
Claims Against Stephen Gray, Trustee of V&M Management
Stephen Gray intentionally and deliberately devalued my property - 276 units on 5.5 acres of land with a Section 8 contract of over $2.5 million a year to $100,000. The tax assessment by the City of Boston valued the land at $10 million dollars - so how could anyone accept Gray's valuation of $100,000.
In addition, he filed two false documents to the court - an affidavit and his verified statement to the Bankruptcy Court. The Office of the Bar Counsel investigated the matter and wrote in a July 27, 1998 letter that:
"It does appear that Trustee filed two false, or at
least grossly inaccurate, disclosure statements with
the Bankruptcy Court."
With Regard to the Issue of Standing
I have standing to file a personal conspiracy/malpractice lawsuit because I have been harmed personally. The unlawful actions of the defendants has caused me personal bankruptcy.
For example, Mr. Gray declared a 1.3 million dollar profit while the trustee for V&M Management in 1996 and 1997. As the president and sole shareholder of a sub-chapter S corporation, I am personally responsible for the $635.000 billed to me by the IRS even though I did not receive any of the profit.
In addition, I am personally liable to the creditors for over $4 million dollars that I personally guaranteed for V&M Management.
These counts as outlined in the motion before you should be remanded for the following reasons:
I am requesting that all counts concerning all defendants be remanded back to the Suffolk Superior Court. Or if the court finds it appropriate, that all counts concerning only Hanify & King, Harold Murphy, and Donald Farrell be remanded back to Suffolk Superior Court, and remand all counts concerning only Stephen Gray to the Federal Court because he is a Federal Bankruptcy Trustee.
I believe I have standing and the right to litigate these claims because as sole shareholder of a sub-chapter corporation, I had personal equity in V&M Management and as a result of the negligence caused by the defendants, am liable for millions of dollars that I guaranteed personally.