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United States Bankruptcy Court
District of Massachusetts (Boston)
Bankruptcy Petition #: 96-10123
Assigned to: Bankruptcy Judge Carol J. Kenner
Chapter 11
Voluntary
Asset
Date Filed: 01/08/1996
V & M Management, Inc.
10 Hammond Street
Roxbury, MA 02120
( )
Tax id: 04-2819605
Debtor
dba
Mandela represented by V & M Management, Inc.
PRO SE
Stephen S. Gray
The Recovery Group
270 Congress Street
Boston, MA 02210
(617) 482-4242
Trustee represented by John F. Ventola
Choate, Hall & Stewart
53 State Street
Exchange Place
Boston, MA 02109-2891
(617) 248-5085
Fax : 617-248-4000
Paul D. Moore
Duane Morris LLP
470 Atlantic Ave., Suite 500
Boston, MA 02210-2600
(617) 289-9200
Filing Date # Docket Text
01/08/1996 1 Voluntary Chapter 11 Petition ( Filing Fee $ 800.00 Rcpt # 362617) missing documents: All Schedules a-h Statement of Financial Affairs 20 Largest Creditors () Due on 4:00 1/24/96 (ajs) (Entered: 01/09/1996)
01/08/1996 2 Order to Update Petition. Incomplete Filing; missing documents: All Schedules a-h Statement of Financial Affairs 20 Largest Creditors ; Missing Documents Due 4:00 1/24/96 ; Matrix Due 4:00 1/16/96 (ajs) (Entered: 01/09/1996)
01/08/1996 3 Debtor's Application To Employ Counsel (Frank D. Kirby) . (mnd) (Entered: 01/11/1996)
01/08/1996 4 Affidavit of Proposed Attorney Re: [3-1] Application To Employ Counsel (Frank D. Kirby) by V & M Management, Inc. (mnd) (Entered: 01/12/1996)
01/08/1996 5 Certificate Of Service By Debtor V & M Management, Inc. Of [3-1] Application To Employ Counsel (Frank D. Kirby) by V & M Management, Inc., [4-1] Affidavit . (mnd) (Entered: 01/12/1996)
01/09/1996 First Meeting of Creditors sch For 9:00 2/9/96 At 10 Causeway Street, Rm 255-B (mjv) (Entered: 01/09/1996)
01/18/1996 Endorsement Order Granting [3-1] Application To Employ Counsel (Frank D. Kirby) by V & M Management, Inc. ALLOWED. Entered on 1/17/96 (mcm) (Entered: 01/18/1996)
01/19/1996 6 Notice Fee bill issued in the amount of $30.50 :Notice Fee Due at 4:00 on 2/5/96 (ras) (Entered: 01/19/1996)
01/19/1996 7 First Meeting Certificate of Mailing # of notices: 61. (admn) (Entered: 01/19/1996)
01/19/1996 8 Notice of Appearance And Request For Service Of Notice By Gary W. Cruickshank for Creditor Judith Moriarty & Mario Nicosia. (ma) (Entered: 01/22/1996)
01/22/1996 9 Motion By Debtor V & M Management, Inc. To Extend Time To File Schedules and Statement of Affairs to 2//9/96 . c/s (mcm) (Entered: 01/23/1996)
01/23/1996 Endorsement Order Granting [9-1] Motion To Extend Time To File Schedules and Statement of Affairs to 2//9/96 by V & M Management, Inc. ;Missing Documents due: 4:00 2/8/96 Entered on 1/23/96 (mcm) (Entered: 01/23/1996)
01/24/1996 10 Motion By Creditor Judith Moriarty & Mario Nicosia For Relief from Automatic Stay . (Mandela Apts, 1,5,9 Greenwich St., 10,-22-26-30-34 Hammond St., 53057 Windsor St., 150-160 Northampton St., 560-570-580 Shawmut Ave., 1825-1855 Washington St., Boston, MA. c/s (mcm) (Entered: 01/24/1996)
01/24/1996 10 Request for Expedited Consideration by Creditor Judith Moriarty & Mario Nicosia [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia (mcm) (Entered: 01/24/1996)
01/24/1996 11 Affidavit of Mzario Nicosia in Support [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia (mcm) (Entered: 01/24/1996)
01/24/1996 12 Debtor's Emergency Motion For Authorization To Use Cash Collateral . C/S. (mnd) (Entered: 01/24/1996)
01/24/1996 13 Debtor's Request For Expedited Determination Of Its Emergency [12-1] Motion For Authorization To Use Cash Collateral. C/S. (mnd) (Entered: 01/24/1996)
01/24/1996 Endorsement Order Granting [13-1] Motion For Expedited Determination Of Its Emergency [12-1] Motion For Authorization To Use Cash Collateral. by Frank D. Kirby ALLOWED. CLERK WILL SCHEDULE HEARING. Entered on 1.24.96 (mnd) (Entered: 01/25/1996)
01/24/1996 Kenner, J. Endorsement Order Granting [10-1] Request for Expedited Consideration by Judith Moriarty & Mario Nicosia. REQUEST FOR EXPEDITED CONSIDERATION IS ALLOWED. Entered on 1/24/96 (mcm) (Entered: 01/25/1996)
01/24/1996 14 List of 20 largest creditors filed. (mcm) (Entered: 01/25/1996)
01/25/1996 Hearing Re: [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia Scheduled For 11:00 a.m. 2/12/96 at Courtroom 4, Boston. (mcm) (Entered: 01/25/1996)
01/26/1996 15 Joint Motion By Debtor V & M Management, Inc. And Judith Moriarty And Mario Nicosia As Trustees Of Creditor L & N First Mortgage Realty Trust To Change Time Of Hearing Scheduled For 2/12/96 At 11:00 AM RE: [10-1] Motion For Relief From Automatic Stay By Judith Moriarty & Mario Nicosia And Request For Expedited Consideration . C/S Attached. (ymw) (Entered: 01/26/1996)
01/26/1996 Complaint (96-1040) V & M Management, Inc. vs. Mario Nicosia . NOS 435 Validity/Priority/Extent Lien , NOS 457 Subordinate Claim/Interest , NOS 498 Other Action, Not Related .Complaint To Determine Extent,Priority and Validity of Certain Lien's, And For Disallowance of Certain Excessive And Unconscionable Penalties. And For Equitable Subordination re: 11 U.S.C. 502, 506, 510,105, MGL 271, 93A. ( Filing Fee $ Receipt # ) (kpm) (Entered: 01/26/1996)
01/26/1996 Kenner, J. Endorsement Order Granting [15-2] Motion For Expedited Consideration by L & N First Mortgage Realty Trust, V & M Management, Inc., Granting [15-1] Motion To Change Time Of Hearing Scheduled For 2/12/96 At 11:00 AM RE: [10-1] Motion For Relief From Automatic Stay By Judith Moriarty & Mario Nicosia by L & N First Mortgage Realty Trust, V & M Management, Inc. ALLOWED. Hearing reset To 10:45 2/1/96 at Courtroom 4, Entered on 1/26/96 (mcm) (Entered: 01/29/1996)
01/27/1996 288 Memorandum Of Decision Issued by: Kenner, J. ON: [272-1] Motion For Recusal by Alphonse Mourad A SEPARATE ORDER WILL ENTER DENYING THIS MOTION. ***See Memorandum of Decision Doc. #288 for Complete Text*** (mcm) (Entered: 01/28/1997)
01/29/1996 Hearing Re: [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia Rescheduled For 10:45 a.m. 2/1/96 at Courtroom 4, Boston. (mcm) (Entered: 01/29/1996)
01/30/1996 17 Notice of Hearing Gary W. Cruickshank for Creditor L & N First Mortgage Realty Trust, Creditor Judith Moriarty & Mario Nicosia [0-0] Hearing, [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia c/s (mcm) (Entered: 01/31/1996)
01/31/1996 16 Objection By Creditor Judith Moriarty & Mario Nicosia To [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc. . c/s (mcm) (Entered: 01/31/1996)
01/31/1996 18 Objection By Debtor V & M Management, Inc. To [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia . c/s (mcm) (Entered: 01/31/1996)
01/31/1996 19 Affidavit of Edward Mourad (mcm) (Entered: 01/31/1996)
01/31/1996 20 Affidavit of Alphonse Mourad [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia c/s (mcm) (Entered: 01/31/1996)
02/01/1996 Kenner, J. Endorsement Order Granting [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc. ALLOWED AS AN INTERIM TO 2/19/96 HEARING. Entered on 2/1/96 (mcm) (Entered: 02/01/1996)
02/01/1996 21 Motion By Creditor Boston Redevelopment Authority, Creditor Massachusetts Department of Revenue, Creditor City of Boston For Appointment of Trustee . c/s (mcm) (Entered: 02/01/1996)
02/01/1996 22 Notice of Appearance And Request For Service Of Notice By Marianne Meacham for Creditor Attorney General Office. (ma) (Entered: 02/01/1996)
02/01/1996 24 Kenner, J. Order Regarding [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc., Regarding [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia. 1) THE BRA MADE AN ORAL MOTION FOR APPOINTMENT OF EXAMINER, TO WHICH THE DEBTOR ASSENTED. THE COURT ALLOWED THE MOTION. 2) THE FINAL HEARING ON THE DEBTOR'S MOTION FOR AUTHORITY TO USE CASH COLLATERAL WILL BE HELD ON 2/22/96 AT 9:30 A.M. 3) COUNSEL TO THE BRA AND THE DOR SHALL SUBMIT AFFIDAVITS IN SUPPORT OF THEIR MOTION FOR APPOINTMENT OF A TRUSTEE BY 2/8/96 AT 4:00 P.M. Entered on 2/1/96 (mcm) (Entered: 02/06/1996)
02/02/1996 23 Application Filed By Gary L. Donahue for Interested Party United States Trustee For And Certificate of Appointment of Chapter 11 Examiner c/s (mcm) (Entered: 02/05/1996)
02/05/1996 Kenner, J. Endorsement Order Granting [23-1] Application For And Certificate of Appointment of Chapter 11 Examiner by Gary L. Donahue. APPROVED. Entered on 2/5/96 (mcm) (Entered: 02/05/1996)
02/05/1996 Kenner, J. Endorsement Order Regarding [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc. THE USE OF CASH COLLATERAL SHOULD HAVE BEEN EXTGENDED TO 2/22/96 (NOT 2/19/96) AND IS SO EXTENDED. Entered on 2/5/96 (mcm) (Entered: 02/05/1996)
02/06/1996 Hearing Held Re: [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc., [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia . SEE ORDER (mcm) (Entered: 02/06/1996)
02/06/1996 Hearing Re: [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority Trial scheduled for 10:00 3/27/96 at Courtroom 4, (mem) (Entered: 02/06/1996)
02/06/1996 Hearing Re: [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc. Scheduled For 9:30 a.m. 2/22/96 at Courtroom 4, Boston. (mcm) (Entered: 02/06/1996)
02/06/1996 Evidenitary Hearing Re: [0-0] First Meeting Scheduled For 9:30 a.m. 3/7/96 at Courtroom 4, Boston. (mcm) (Entered: 02/06/1996)
02/06/1996 25 Notice of Appearance And Request For Service Of Notice By Christopher S. Aronson for Creditor Boston Gas Company. (ma) (Entered: 02/07/1996)
02/08/1996 26 Motion By Frank D. Kirby for Interested Party Frank D. Kirby, Debtor V & M Management, Inc. To Withdraw As Counsel To The Debtor . (ymw) (Entered: 02/08/1996)
02/08/1996 27 Application Filed By Debtor V & M Management, Inc. To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. And To Authorize Payment Of Retainer . (ymw) (Entered: 02/08/1996)
02/08/1996 28 Attorney's Affidavit In Support Of [27-1] Debtor's Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. And [27-2] Application To Authorize Payment Of Retainer by V & M Management, Inc. (ymw) (Entered: 02/08/1996)
02/08/1996 29 Motion By Debtor V & M Management, Inc. For Emergency Hearing On [27-1] Debtor's Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. And [27-2] Application To Authorize Payment Retainer by V & M Management, Inc. And [26-1] Motion To Withdraw As Counsel To The Debtor by Frank D. Kirby . (ymw) (Entered: 02/08/1996)
02/08/1996 30 Certificate Of Service By Debtor V & M Management, Inc. RE: [26-1] Motion To Withdraw As Counsel To The Debtor by Frank D. Kirby, [27-1] Debtor's Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc., [27-2] Application To Authorize Payment Of Retainer by V & M Management, Inc. And [28-1] Attorney's Affidavit In Support Of Debtor's Application To Employ Successor Counsel And Authorize Payment Of Retainer. Motion For Emergency Hearing On [27-1] Debtor's Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. And [27-2] Application To Authorize Payment Retainer by V & M Management, Inc. And [26-1] Motion To Withdraw As Counsel To The Debtor by Frank D. Kirby by V & M Management, Inc. . (ymw) (Entered: 02/08/1996)
02/08/1996 31 Affidavit of Attorney Saul A. Schapiro in Support [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority Volumes I, II & III Attached. (mcm) (Entered: 02/08/1996)
02/08/1996 32 Affidavit of Arthur Chipouras RE: [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority (mcm) (Entered: 02/08/1996)
02/08/1996 33 Affidavit of Counsel RE: [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority (mcm) (Entered: 02/08/1996)
02/08/1996 34 Notice of Hearing Saul A. Schapiro for Creditor Boston Redevelopment Authority [0-0] Hearing, RE: [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority (mcm) (Entered: 02/08/1996)
02/08/1996 35 Certificate Of Service By Saul A. Schapiro for Creditor Boston Redevelopment Authority Of [34-1] Hearing Notice by Saul A. Schapiro, [33-1] Affidavit, [32-1] Affidavit, [31-1] Affidavit . (mcm) (Entered: 02/08/1996)
02/08/1996 36 Motion By Debtor V & M Management, Inc. To Further Extend Time To File Schedules and Statement of Affairs . c/s (mcm) (Entered: 02/09/1996)
02/08/1996 37 Notice of Appearance And Request For Service Of Notice By John C. Hutchins for Creditor Winter Hill Federal Savings Bank. (ma) (Entered: 02/09/1996)
02/08/1996 38 Notice of Appearance And Request For Service Of Notice By William M. Cowan for Creditor Alphonse and Noha Simon. (ma) (Entered: 02/09/1996)
02/09/1996 39 Verified Statement of Alan Braunstein Pursuant to Bankruptcy Rule 2007 [23-1] Application For And Certificate of Appointment of Chapter 11 Examiner by Gary L. Donahue c/s (mcm) (Entered: 02/12/1996)
02/09/1996 Kenner, J. Endorsement Order Granting [26-1] Motion To Withdraw As Counsel To The Debtor by Frank D. Kirby . Involvement of attorney Frank D. Kirby for V & M Management, Inc. Terminated. ALLOWED. FINAL FEE APPLICATION SHALL BE FILED BY 4:00 P.M. ON 3/1/96. Entered on 2/9/96 (mcm) (Entered: 02/12/1996)
02/09/1996 Kenner, J. Endorsement Order Granting [29-1] Motion For Emergency Hearing On [27-1] Debtor's Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. And [27-2] Application To Authorize Payment Retainer by V & M Management, Inc. And [26-1] Motion To Withdraw As Counsel To The Debtor by Frank D. Kirby by V & M Management, Inc. ALLOWED. Entered on 2/9/96 (mcm) (Entered: 02/12/1996)
02/12/1996 Hearing Re: [27-2] Application To Authorize Payment Of Retainer by V & M Management, Inc., [27-1] Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. Scheduled For 10:30 a.m. 2/14/96 at Courtroom 4, Boston. (mcm) (Entered: 02/12/1996)
02/12/1996 40 Notice of Hearing by Harold B. Murphy [0-0] Hearing, [27-2] Application To Authorize Payment Of Retainer by V & M Management, Inc., [27-1] Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. (mcm) (Entered: 02/12/1996)
02/13/1996 41 United States Trustee's Report of Inability to Appoint Creditors' Committee C/S (mem) (Entered: 02/13/1996)
02/13/1996 42 Motion Of The Boston Redevelopment Authority, The Commissioner of the Massachusetts Department of Revenue and City of Boston For Expedited Determination Of Their [21-1] Motion For Appointment of Trustee. (mnd) (Entered: 02/13/1996)
02/13/1996 43 Opposition of the Boston Redevelopment Authority, The Commission of the Massachusetts Department of Revenue, and City of Boston To Debtor's [27-1] Application To Employ Successor Counsel and [27-2] Authorize Payment Of Retainer. (mnd) (Entered: 02/13/1996)
02/13/1996 44 Certificate Of Service By Saul A. Schapiro for Creditor Boston Redevelopment Authority Of [42-1] Motion For Expedited Determination Of Their [21-1] Motion For Appointment of Trustee. by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority, [43-1] Objection by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority . (mnd) (Entered: 02/13/1996)
02/13/1996 Endorsement Order Granting [42-1] Motion For Expedited Determination Of Their [21-1] Motion For Appointment of Trustee. by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority. ALLOWED. Entered on 2.13.96 (mnd) (Entered: 02/14/1996)
02/14/1996 45 Motion By Creditor Judith Moriarty & Mario Nicosia For Order Authorizing Access to Premises, Turnover of Records Required by Cash Collateral Order and Review of Books and Records ,and For Expedited Determination Re: [45-1] Motion by Judith Moriarty & Mario Nicosia c/s (mcm) (Entered: 02/14/1996)
02/14/1996 Kenner, J. Endorsement Order Granting [27-2] Application To Authorize Payment Of Retainer by V & M Management, Inc., Granting [27-1] Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. Allowed. Entered on 2/14/96 (mcm) (Entered: 02/15/1996)
02/14/1996 Kenner, J. Endorsement Order Granting [36-1] Motion To Further Extend Time To File Schedules and Statement of Affairs by V & M Management, Inc. ;Missing Documents due: 4:00 2/16/96 ALLOWED. Entered on 2/14/96 (mcm) (Entered: 02/15/1996)
02/14/1996 46 Kenner, J. Order Regarding [27-2] Application To Authorize Payment Of Retainer by V & M Management, Inc., Regarding [27-1] Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. . THE MOTION TO EMPLOY SUCESSOR COUNSEL IS ALLOWED. THE DEBTOR IS ORDERED TO FILE ITS SCHEDULES ON OR BEFORE 2/26/96 AT 4:00 P.M. NO FURTHER EXTENSIONS WILL BE GRANTED. IF NOT FILED, THE COURT WILL DISMISS THIS CASE WITHOUT A HEARING. L & N FIRST MORTGAGE REALTY TRUST WILL HAVE ACCESS TO THE DEBTOR'S PREMISES ON 2/26/96 AND 2/27/96 FOR INSPECTION. WITH RESPECT TO L & N FIRST MOTGAGE REALTY TRUST'S MOTION TO REVIEW THE DEBTORSA RECORDS, MR GRAY MAY ACCOMPANY MR BRAUNSTEIN (THE EXAMINER) ON FEBRUARY 20, L996 AT 9:00 A.M. MR. MUNROE THE ACCOUNTANT AND MISS JONES MUST BE PRESENT. THE EVIDENTIARY HRG ON M/R OF L & N FIRST MORTGAGE SCHEDULED FOR 3/7/96 AND THE EVIDENTIARY HEARING ON MOTION TO APPOINT TRUSTEE SCHEDULED FOR 3/27/96 HAVE BEEN RESCHEDULED TO 4/1/96 AT 9:00 A.M. Entered on 2/14/96 (mcm) (Entered: 02/15/1996)
02/14/1996 Hearing Held Re: [27-2] Application To Authorize Payment Of Retainer by V & M Management, Inc., [27-1] Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. . SEE ORDER. (mcm) (Entered: 02/15/1996)
02/15/1996 Hearing Re: [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority Trial scheduled for 9:00 4/1/96 at Courtroom 4, [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia Trial scheduled for 9:00 4/1/96 at Courtroom 4, (mcm) (Entered: 02/15/1996)
02/15/1996 47 Notice of Appearance And Request For Service Of Notice By Lawrence J. Cohen for Creditor Boston Edison Company. (ma) (Entered: 02/16/1996)
02/16/1996 48 Schedules A - J, and Declaration of Alphonse Mourad, President (mcm) (Entered: 02/20/1996)
02/16/1996 49 Statement of Financial Affairs, and Declaration of Alphonse Mourad, President, V * M Management. (mcm) (Entered: 02/20/1996)
02/16/1996 50 Disclosure of Compensation By Attorney For Debtor . (mcm) (Entered: 02/20/1996)
02/16/1996 51 Exhibit A (mcm) (Entered: 02/20/1996)
02/21/1996 52 Objection Of The Commissioner of The Massachusetts Department of Revenue To Debtor's [12-1] Motion For Authorization To Use Cash Collateral V & M Management, Inc. . Exhibit A and C/S attached. (mnd) (Entered: 02/22/1996)
02/21/1996 54 Schedules Exhibit A and List of 20 Largest Unsecured Creditors. (mnd) (Entered: 02/23/1996)
02/22/1996 53 Motion Of Creditor Judith Moriarty And Mario Nicosia As Trustees Of The L & N First Mortgage Realty Trust For Authority To Conduct Examination Of Alphonse Mourad Pursuant To Bankruptcy Rule 2004 And Request For Expedited Consideration RE: [53-1] Motion by Judith Moriarty & Mario Nicosia . c/s (plc) (Entered: 02/22/1996)
02/22/1996 Hearing Held Re: [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc. . SEE ORDER ENTERED ON 2/23/96 FOR COMPLETE TEXT. (mnd) (Entered: 02/26/1996)
02/22/1996 57 Disclosure of Compensation By Attorney For Debtor In the Amount of $ 25,000.00. (As retainer only) (mnd) (Entered: 02/26/1996)
02/22/1996 59 Notice of Appearance And Request For Service Of Notice By Arthur H. Goldsmith for Creditor Arthur H. Goldsmith. (ma) (Entered: 02/26/1996)
02/23/1996 Amended Matrix. (ymw) (Entered: 02/23/1996)
02/23/1996 55 Notice To Added Creditors By The Court RE: Amended Matrix [0-0]. (ymw) (Entered: 02/23/1996)
02/23/1996 56 Kenner J. Order Granting [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc.. THE DEBTORS MOTION TO USE CASH COLLATERAL IS ALLOWED PURSUANT TO THE TERMS STATED ON THE RECORD. Entered on 2.23.96 (mnd) (Entered: 02/26/1996)
02/23/1996 60 Notice of Appearance And Request For Service Of Notice By William M. Cowan for Creditor Habib Mourad/Mourad Enterpreses, Inc., Creditor Alphonse and Noha Simon. (ma) (Entered: 02/26/1996)
02/26/1996 58 Affidavit of Webster A. Collins RE: [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia c/s (mcm) (Entered: 02/26/1996)
02/26/1996 61 Application By Debtor V & M Management, Inc. To Employ FD Pietroski & Co. as Real Estate Appraiser . c/s (mcm) (Entered: 02/27/1996)
02/26/1996 62 Affidavit of Frank D. Pietroski RE: [61-1] Application To Employ FD Pietroski & Co. as Real Estate Appraiser by V & M Management, Inc. (mcm) (Entered: 02/27/1996)
02/27/1996 63 Amended [60-1] Notice To Appear . Filed By: William M. Cowan for Creditor Habib Mourad/Mourad Enterpreses, Inc., Creditor Alphonse and Noha Simon (mcm) (Entered: 02/27/1996)
02/27/1996 64 Amended [60-1] Notice To Appear . Filed By: William M. Cowan for Creditor Habib Mourad/Mourad Enterpreses, Inc., Creditor Alphonse and Noha Simon (mcm) (Entered: 02/27/1996)
02/27/1996 65 Objection By Debtor V & M Management, Inc. To [53-1] Motion For Authority To Conduct Examination Of Alphonse Mourad Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia . c/s (mcm) (Entered: 02/28/1996)
02/27/1996 Endorsement Order Granting [61-1] Application To Employ FD Pietroski & Co. as Real Estate Appraiser by V & M Management, Inc. ALLOWED. Entered on 2/27/96 (mcm) (Entered: 02/28/1996)
02/29/1996 66 Application By Victor Aronow For Payment of Attorney's Fees for Ancillary Legal Services . c/s (mcm) (Entered: 02/29/1996)
02/29/1996 67 Affidavit in Support [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow (mcm) (Entered: 02/29/1996)
03/01/1996 68 Motion By Creditor Judith Moriarty & Mario Nicosia For Authority to Conduct Examination of Robert Petroski Under Rule 2004 , For Expedited Determination c/s (mcm) (Entered: 03/01/1996)
03/01/1996 69 First and Final Application By Frank D. Kirby For Compensation as Former Counsel to Chapter 11 Debtor . c/s (mcm) (Entered: 03/01/1996)
03/01/1996 70 Application By Debtor V & M Management, Inc. To Employ Robert F. Munro as Accountant . (mcm) (Entered: 03/04/1996)
03/01/1996 71 Affidavit RE: [70-1] Application To Employ Robert F. Munro as Accountant by V & M Management, Inc. (mcm) (Entered: 03/04/1996)
03/01/1996 72 Certificate Of Service By Harold B. Murphy Of [71-1] Affidavit, [70-1] Application To Employ Robert F. Munro as Accountant by V & M Management, Inc. . (mcm) (Entered: 03/04/1996)
03/01/1996 Endorsement Order Granting [74-1] Motion For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston. ALLOWED. Entered on 3.11.96 (mnd) (Entered: 03/12/1996)
03/04/1996 Hearing Re: [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow Objections to Motion Due On: 4:00 4/9/96 schd For 10:00 4/17/96 at Courtroom 4, (mem) (Entered: 03/04/1996)
03/04/1996 73 Motion By Creditor Judith Moriarty & Mario Nicosia For Examination of Robert Munro Under Rule 2004 , For Expedited Determination c/s (mcm) (Entered: 03/04/1996)
03/04/1996 74 Motion By Creditor City of Boston, Creditor Massachusetts Department of Revenue, Creditor Boston Redevelopment Authority For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination . (mcm) (Entered: 03/04/1996)
03/04/1996 75 Motion by Creditor City of Boston, Creditor Massachusetts Department of Revenue, Creditor Boston Redevelopment Authority For Expedited Determination Re: [74-1] Motion For Examination of Robert Munro Under Rule 2004 by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston (mcm) (Entered: 03/04/1996)
03/04/1996 76 Motion By Creditor City of Boston, Creditor Massachusetts Department of Revenue, Creditor Boston Redevelopment Authority For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination . (mcm) (Entered: 03/04/1996)
03/04/1996 77 Motion by Creditor City of Boston, Creditor Massachusetts Department of Revenue, Creditor Boston Redevelopment Authority For Expedited Determination Re: [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston (mcm) (Entered: 03/04/1996)
03/04/1996 78 Certificate Of Service By Saul A. Schapiro for Creditor Boston Redevelopment Authority Of [77-1] Motion For Expedited Determination Re: [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [75-1] Motion For Expedited Determination Re: [74-1] Motion For Examination of Robert Munro Under Rule 2004 by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [74-1] Motion For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston . (mcm) (Entered: 03/04/1996)
03/05/1996 79 Motion By Creditor Judith Moriarty & Mario Nicosia As Trustees Of The L & N First Mortgage Realty Trust For Authority To Conduct Examination of Barbara Jones Pursuant To Bankruptcy Rule 2004 And Request For Expedited Consideration . C/S Attached. (ymw) (Entered: 03/05/1996)
03/05/1996 80 Application By Debtor V & M Management, Inc. To Employ and Tender Interim Payments to James P. Dillon, Jr. as Special Counsel for Eviction and Collection of Services . (mcm) (Entered: 03/06/1996)
03/05/1996 81 Affidavit of James P. Dillon, Jr. In Support Of [80-1] Application To Employ and Tender Interim Payments to James P. Dillon, Jr. as Special Counsel for Eviction and Collection of Services by V & M Management, Inc. (mcm) (Entered: 03/06/1996)
03/05/1996 82 Certificate Of Service By Harold B. Murphy Of [81-1] Affidavit of James Dillon Jr. In Support, OF [80-1] Application To Employ and Tender Interim Payments to James P. Dillon, Jr. as Special Counsel for Eviction and Collection of Services by V & M Management, Inc. . (mcm) (Entered: 03/06/1996)
03/06/1996 Kenner, J. Endorsement Order Regarding [53-2] Motion Request For Expedited Consideration RE: [53-1] Motion by Judith Moriarty & Mario Nicosia by Judith Moriarty & Mario Nicosia, Granting [53-1] Motion For Authority To Conduct Examination Of Alphonse Mourad Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia. ALLOWED. Entered on 3/6/96 (mcm) (Entered: 03/06/1996)
03/06/1996 Kenner, J. Endorsement Order Overruling [65-1] Objection by V & M Management, Inc. OVERRULED. Entered on 3/6/96 (mcm) (Entered: 03/06/1996)
03/06/1996 83 Notice of Appearance And Request For Service Of Notice By John J. Rosenberg for Creditor Mario Nicosia/Judith Moriarty, L&N Trust. (ma) (Entered: 03/06/1996)
03/06/1996 84 Debtor's V & M Management, Inc. Motion To Determine Adequate Assurance Of Utility Payments And Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits . Exhibit A attached. (plc) (Entered: 03/06/1996)
03/06/1996 85 Request by Debtor V & M Management, Inc. For Expedited Consideration Of [84-1] Debtor's Motion To Determine Adequate Assurance Of Utility Payments And [84-2] Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits . (plc) (Entered: 03/06/1996)
03/06/1996 86 Certificate Of Service By Eddirland Duncan for Debtor V & M Management, Inc. RE: [84-1] Debtor's Motion To Determine Adequate Assurance Of Utility Payments and [84-2] Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc. and [85-1] Motion For Expedited Consideration Of [84-1] Debtor's Motion To Determine Adequate Assurance Of Utility Payments And [84-2] Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc. (plc) (Entered: 03/06/1996)
03/06/1996 87 Report of Examiner Alan L. Braunstein. c/s (mcm) (Entered: 03/07/1996)
03/07/1996 Hearing Re: [79-2] Motion For Expedited Consideration by Judith Moriarty & Mario Nicosia Hearing For 2:00 3/11/96 at Courtroom 4, [79-1] Motion For Authority To Conduct Examination of Barbara Jones Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia hearing For 2:00 3/11/96 at Courtroom 4, (jrc) (Entered: 03/07/1996)
03/07/1996 Hearing Re: [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston hearing For 2:00 3/11/96 at Courtroom 4, [74-1] Motion For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston hearing For 2:00 3/11/96 at Courtroom 4, [73-1] Motion For Examination of Robert Munro Under Rule 2004 by Judith Moriarty & Mario Nicosia hearing For 2:00 3/11/96 at Courtroom 4, (jrc) (Entered: 03/07/1996)
03/07/1996 Endorsement Order Granting [85-1] Motion For Expedited Consideration Of [84-1] Debtor's Motion To Determine Adequate Assurance Of Utility Payments And [84-2] Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc. ALLOWED. Entered on 3/7/96. (cjh) (Entered: 03/13/1996)
03/08/1996 88 Debtor's Limited Opposition To Motions of The Boston Redevelopment Authority, Commissioner of The Massachusetts Department of Revenue, City of Boston, Attorney General, And L& N First Mortgage Realty Trust To Conduct Rule 2004 Examinations of And Compel the Production of Documents From Barbera Jones and Robert Munro Re:[79-1] Motion For Authority To Conduct Examination of Barbara Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia, [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [74-1] Motion For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [73-1] Motion For Examination of Robert Munro Under Rule 2004 by Judith Moriarty & Mario Nicosia. C/S. (mnd) (Entered: 03/11/1996)
03/11/1996 89 Certificate Of Service By Gary W. Cruickshank for Creditor L & N First Mortgage Realty Trust, Creditor Judith Moriarty & Mario Nicosia Of [0-0] Hearing, Scheduled for 3/11/96 at 2:00 pm re: [74-1] Motion For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [73-1] Motion For Examination of Robert Munro Under Rule 2004 by Judith Moriarty & Mario Nicosia . (jrc) (Entered: 03/11/1996)
03/11/1996 90 Notice of Hearing Saul A. Schapiro for Creditor Boston Redevelopment Authority [79-1] Motion For Authority To Conduct Examination of Barbara Jones Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia Scheduled for 3/11/96 at 2:00 pm (jrc) (Entered: 03/11/1996)
03/11/1996 91 Amended [87-1] Report of Examiner Alan L. Braunstein. Exhibits A-D attached. C/S. (mnd) (Entered: 03/11/1996)
03/11/1996 92 Certificate Of Service By Alan L. Braunstein Re: [91-1] Amended Report of Examiner. (mnd) (Entered: 03/11/1996)
03/11/1996 93 Notice of Hearing by attorney, Harold B. Murphy for Debtor V & M Management, Inc. [84-1] Debtor's Motion To Determine Adequate Assurance Of Utility Payments by V & M Management, Inc. and [84-2] Motion Modify Order On Of Cash Collateral For Payments Of Utility Deposits by V & Management, Inc. Hearing scheduled for 3/29/96 at 9:30am. OBJECTIONS DUE BY 3/22/96 AT 4:30PM. C/S attached. Entered on 3/12/96. (cjh) (Entered: 03/12/1996)
03/11/1996 Endorsement Order Granting [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston. ALLOWED. Entered on 3.11.96 (mnd) (Entered: 03/12/1996)
03/11/1996 Endorsement Order Granting [73-2] Motion For Expedited Determination by Judith Moriarty & Mario Nicosia, Granting [73-1] Motion For Examination of Robert Munro Under Rule 2004 by Judith Moriarty & Mario Nicosia. ALLOWED. Entered on 3.11.96 (mnd) (Entered: 03/12/1996)
03/11/1996 Endorsement Order Granting [79-2] Motion For Expedited Consideration by Judith Moriarty & Mario Nicosia, Granting [79-1] Motion For Authority To Conduct Examination of Barbara Jones Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia. ALLOWED. Entered on 3.11.96 (mnd) (Entered: 03/12/1996)
03/11/1996 Endorsement Order Granting [75-1] Motion For Expedited Determination Re: [74-1] Motion For Examination of Robert Munro Under Rule 2004 by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston. ALLOWED. Entered on 3.111.96 (mnd) (Entered: 03/12/1996)
03/11/1996 Hearing Held Re: [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [74-1] Motion For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [73-1] Motion For Examination of Robert Munro Under Rule 2004 by Judith Moriarty & Mario Nicosia, [79-1] Motion For Authority To Conduct Examination of Barbara Jones Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia. SEE ORDER DATED 3/11/96 FOR COMPLETE TEXT. (mnd) (Entered: 03/12/1996)
03/11/1996 94 Kenner J. Order Granting [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, Granting [74-1] Motion For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, Granting [73-1] Motion For Examination of Robert Munro Under Rule 2004 by Judith Moriarty & Mario Nicosia, Granting [79-1] Motion For Authority To Conduct Examination of Barbara Jones Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia. MOTIONS WERE ALLOWED. Entered on 3.11.96 (mnd) (Entered: 03/12/1996)
03/13/1996 Hearing Re: [84-2] Motion Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc. Objections to Motion Due On: 4:00 3/22/96 schd For 9:30 3/29/96 at Courtroom 4, [84-1] Motion To Determine Adequate Assurance Of Utility Payments by V & M Management, Inc. Objections to Motion Due On: 4:00 3/22/96 schd For 9:30 3/29/96 at Courtroom 4, (ma) (Entered: 03/13/1996)
03/13/1996 95 Affidavit Of Paul E. Saperstein In Support Of [10-1] Request For Expedited Determination by Judith Moriarty & Mario Nicosia in ref: to [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia. Exhibits A thru D attached. (cjh) (Entered: 03/13/1996)
03/15/1996 96 Notice for Change of Address Interested Party Victor Aronow to PO Box 27455, Tempe, Az 85285-7455 (mcm) (Entered: 03/15/1996)
03/15/1996 97 Notice of Hearing Interested Party Victor Aronow [0-0] Hearing, RE: [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow (mcm) (Entered: 03/15/1996)
03/15/1996 98 Objection By Debtor V & M Management, Inc. To [68-1] Motion For Authority to Conduct Examination of Robert Petroski Under Rule 2004 by Judith Moriarty & Mario Nicosia . c/s (mcm) (Entered: 03/18/1996)
03/15/1996 99 Notice of Hearing by Harold B. Murphy [84-2] Motion Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc., [84-1] To Determine Adequate Assurance Of Utility Payments by V & Management, Inc. c/s (mcm) (Entered: 03/18/1996)
03/18/1996 100 Stipulation by and between Creditor Boston Gas Company, Debtor V & M Management, Inc. For [84-1] Motion To Determine Adequate Assurance Of Utility Payments by V & M Management, Inc., [84-2] Motion Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc. (mcm) (Entered: 03/19/1996)
03/18/1996 101 Motion By Harold B. Murphy For Approval On [100-1] Stipulation by V & M Management, Inc., Boston Gas Company . (mcm) (Entered: 03/19/1996)
03/18/1996 102 Certificate Of Service By Harold B. Murphy Of [101-1] Motion For Approval On [100-1] Stipulation by V & M Management, Inc., Boston Gas Company by Harold B. Murphy, [100-1] Stipulation by V & M Management, Inc., Boston Gas Company . (mcm) (Entered: 03/19/1996)
03/19/1996 Endorsement Order Granting [70-1] Application To Employ Robert F. Munro as Accountant by V & M Management, Inc. NO OBJECTION: ALLOWED. Entered on 3/19/96 (mcm) (Entered: 03/19/1996)
03/21/1996 Endorsement Order Granting [80-1] Application To Employ and Tender Interim Payments to James P. Dillon, Jr. as Special Counsel for Eviction and Collection of Services by V & M Management, Inc. NO OBECTION. ALLOWED. Entered on 3/21/96 (mcm) (Entered: 03/21/1996)
03/21/1996 Endorsement Order Regarding [68-2] Motion For Expedited Determination by Judith Moriarty & Mario Nicosia, Granting [68-1] Motion For Authority to Conduct Examination of Robert Petroski Under Rule 2004 by Judith Moriarty & Mario Nicosia ALLOWED. Entered on 3/21/96 (mcm) (Entered: 03/21/1996)
03/21/1996 Endorsement Order Overruling [98-1] Objection by V & M Management, Inc. OVERRULED. Entered on 3/21/96 (mcm) (Entered: 03/21/1996)
03/21/1996 103 Debtor's Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 , Or Alternatively (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) . (mnd) (Entered: 03/21/1996)
03/21/1996 104 Motion by Debtor For Expedited Determination OF [103-1] Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc., [103-2] Motion (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) by V & M Management, Inc. (mnd) (Entered: 03/21/1996)
03/21/1996 105 Certificate Of Service By Debtor V & M Management, Inc. Of [104-1] Motion For Expedited Determination OF [103-1] Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc., [103-2] Motion (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) by V & M Management, Inc. by V & M Management, Inc., [103-2] Motion (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) by V & M Management, Inc., [103-1] Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc. . (mnd) (Entered: 03/21/1996)
03/22/1996 Hillman W. Endorsement Order Granting [104-1] Motion For Expedited Determination OF [103-1] Motion For Production of From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc., [103-2] Motion (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) by V & M Management, Inc. by V & M Management, Inc.. GRANTED. THE COURT WILL CONSIDER THE MOTION ON MARCH 25, 1996 AT 12:15 P.M. MOVANT TO GIVE NOTICE TO INTERESTED PARTIES BY FACSIMILE OR TELEPHONE AND PROVIDE COURT WITH CERTIFICATE OF SERVICE. Entered on 3.22.96 (mnd) (Entered: 03/22/1996)
03/22/1996 Hearing Re: [103-1] Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc. schd For 12:15 3/25/96 at Courtroom 3, [103-2] Motion (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) by V & M Management, Inc. (mnd) (Entered: 03/22/1996)
03/25/1996 106 Motion by Interested Party Victor Aronow For Telephonic Hearing c/s (mcm) (Entered: 03/25/1996)
03/25/1996 107 Hillman, J. Order Denying [103-1] Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc., [103-2] Motion (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) by V & M Management, Inc. Entered on 3/25/96 (mcm) (Entered: 03/25/1996)
03/25/1996 108 Affidavit of Counsel Kerry-Lyn Eadie (mcm) (Entered: 03/25/1996)
03/25/1996 109 Objection By Creditor Boston Redevelopment Authority To [103-1] Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc. . c/s (mcm) (Entered: 03/25/1996)
03/25/1996 Hearing Held Re: [103-2] Motion (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) by V & M Management, Inc., [103-1] Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc. . SEE ORDER (mcm) (Entered: 03/25/1996)
03/29/1996 110 Objection By Debtor V & M Management, Inc. To [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority. Exhibits and C/S Attached. (mcm) (Entered: 03/29/1996)
03/29/1996 111 Affidavit of Alphonse Mourand In Opposition to [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority Exhibits and C/S Attached (mcm) (Entered: 03/29/1996)
03/29/1996 Endorsement Order Granting [101-1] Motion For Approval On [100-1] Stipulation by V & M Management, Inc., Boston Gas Company by Harold B. Murphy. ALLOWED. NO OBJ. FILED. Entered on 3/29/96 (mcm) (Entered: 03/29/1996)
03/29/1996 Endorsement Order Regarding [84-2] Motion Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc., Regarding [84-1] Motion To Determine Adequate Assurance Of Utility Payments by V & M Management, Inc. SETTLED. SEE STIP. W/RESPECT TO BOSTON GASS SETTLEMENT WITH BOSTON EDISON IS ON THE RECORD. Entered on 3/29/96 (mcm) (Entered: 03/29/1996)
03/29/1996 112 Joint Motion Of Debtor V & M Management, Inc. and Creditor, Judith Moriarty & Mario Nicosia As Trustees Of The L&N First Mortgage Realty Trust For Continuance Of Hearing On ( [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia ) And Request For Expedited Consideration . (plc) (Entered: 03/29/1996)
03/29/1996 113 Amended [110-1] Opposition to Motion of the Boston Redevelopment Authority, The commissioner of the Department of Revenue, and The City of Boston for the Appointment of a Trustee. Filed By: Debtor V & M Management, Inc. c/s (mcm) (Entered: 03/29/1996)
03/29/1996 Endorsement Order Regarding [112-2] Motion Request For Expedited Consideration by Judith Moriarty & Mario Nicosia, V & M Management, Inc., Granting [112-1] Motion For Continuance Of Hearing On ( [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia ) by Judith Moriarty & Mario Nicosia, V & M Management, Inc. ALLOWED. THE HEARING IS CONTINUED GENERALLY. Entered on 3/29/96 (mcm) (Entered: 03/29/1996)
03/29/1996 114 Debtor's Emergency Motion For Sanctions To Deny Motion to Appoint Trutee , Or In The Alternative To Continue Hearing On: ( [21-1] Motion To Appoint Trustee ). C/S. (plc) (Entered: 03/29/1996)
03/29/1996 KENNER, J. Endorsement Order Denying [114-2] Motion To Continue Hearing On: ( [21-1] Motion To Appoint Trustee ). by V & M Management, Inc., Denying [114-1] Motion For Sanctions To Deny Motion to Appoint Trutee by V & M Management, Inc. MOTION TO DENY MOTION FOR APPOINTMENT OF TRUSTEE OR TO CONTINUE HEARING IS DENIED. THE DEPOSITION NOTICES PROVIDED WERE UNREASONABLE UNDER THE CIRCUMSTANCES. THE MOTION FOR SANCTIONS DOES NOT REQUIRE AN EMERGENCY DETERMINATION. Entered on 3/29/96. (plc) (Entered: 03/29/1996)
03/29/1996 115 Stipulation of Settlement by and between Judith Moriarty & Mario Nicosia, Alphonse Mourand, and V & M Management, Inc. ***Copy Filed With the Court - Not Original Signatures*** (mcm) (Entered: 04/01/1996)
03/29/1996 116 Motion By Harold B. Murphy for Debtor V & M Management, Inc. For Approval On [115-1] Stipulation by V & M Management, Inc., Judith Moriarty & Mario Nicosia, and Alphonse Mourad . c/s (mcm) (Entered: 04/01/1996)
03/29/1996 117 Kenner, J. Order Regarding [84-2] Motion Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc., Regarding [84-1] Motion To Determine Adequate Assurance Of Utility Payments by V & M Management, Inc. THE MOTION IS SETTLED AS IT RELATES TO BOTH BOSTON GAS AND TO BOSTON EDISON. THE SETTLEMENT AGREEMENT BETWEEN THE DEBTOR AND BOSTON EDISON WERE STATED ON THE RECORD.. Entered on 3/29/96 (mcm) (Entered: 04/01/1996)
03/29/1996 Hearing Held Re: [84-2] Motion Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc., [84-1] Motion To Determine Adequate Assurance Of Utility Payments by V & M Management, Inc. . SEE ORDER (mcm) (Entered: 04/01/1996)
04/01/1996 118 Notice of Appearance And Request For Service Of Notice By Bennett S. Lerner for Interested Party Mandela Residents Cooperative Ass'n.. c/s (mcm) (Entered: 04/01/1996)
04/01/1996 119 Supplemental Memorandum By Creditor City of Boston, Creditor Massachusetts Department of Revenue, Creditor Boston Redevelopment Authority In Support Of [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority . c/s (mcm) (Entered: 04/01/1996)
04/01/1996 120 Kenner, J. Order Regarding [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority. THE COURT ALLOWED THE MOTION AND ORDERED THE APPOINTMENT OF A CHAPTER 11 TRUSTEE. THE COURT MADE HER FINDINGS AND RULINGS ON THE RECORD. Entered on 4/1/96 (mcm) (Entered: 04/02/1996)
04/01/1996 Hearing Held Re: [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority . SEE ORDER. (mcm) (Entered: 04/02/1996)
04/02/1996 Endorsement Order Granting [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority. ALLOWED. Entered on 4/1/96 (mcm) (Entered: 04/02/1996)
04/02/1996 121 Application Filed By United States Trustee For And Certificate Of Appointment Of Chapter 11 Trustee . c/s (plc) (Entered: 04/02/1996)
04/02/1996 121 Application For And Certificate Of Appointment Of Chapter 11 Trustee and Acceptance of Trustee Stephen S. Gray and Fixing of Bond. (plc) (Entered: 04/02/1996)
04/02/1996 KENNER, J. Endorsement Order Granting [121-1] To Appoint Trustee Certificate, Granting [121-1] Application For And Certificate Of Appointment Of Chapter 11 Trustee by United States Trustee. Trustee, Stephen Gray Appointed. APPROVED. Entered on 4/2/96. (plc) (Entered: 04/02/1996)
04/02/1996 122 Motion by Creditor, Lease and Rental Management Corp. For Relief from Automatic Stay re: Lease Agreement on a 1992 Lexus SC 400 . RESPONSE DEADLINE IS 4/15/96 BY 4:30PM. FF Paid. Attachments and c/s. Entered on 4/3/96. (cjh) (Entered: 04/03/1996)
04/02/1996 Last day for Objections to [122-1] Motion For Relief from Automatic Stay re: Lease Agreement on a 1992 Lexus SC 400 by Lease and Rental Management Corp. is 4/15/96 by 4:30pm. (cjh) (Entered: 04/03/1996)
04/03/1996 Endorsement Order Regarding [0-0] Hearing, Regarding [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow. THE HEARING SCHEDULED FOR 4/17/96 IS CONTINUED GENERALLY DUE TO THE COURT'S GRANTING THE MOTION FOR APPOINTMENT OF A TRUSTEE ON 4/1/96. THE CHAPTER 11 TRUSTEE WILL NEED AN OPPORTUNITY TO REVIEW THIS APPLICATION. Entered on 4/3/96 (mcm) (Entered: 04/03/1996)
04/03/1996 Endorsement Order Mooting [106-1] Motion For Telephonic Hearing by Victor Aronow. MOOT THE 4/17/96 HEARING HAS BEEN CONTINUED SEE ORDER ENTERED TODAY. Entered on 4/3/96 (mcm) (Entered: 04/03/1996)
04/05/1996 123 Motion for Order Authorizing Trustee Stephen S. Gray To Employ Choate, Hall & Stewart and Paul Moore of that Firm as Counsel Nunc Pro Tunc to April 2, l996 . (mcm) (Entered: 04/08/1996)
04/05/1996 124 Affidavit in Support of [123-1] Motion To Employ Choate, Hall & Stewart and Paul Moore of that Firm as Counsel Nunc Pro Tunc to April 2, l996 by Stephen S. Gray (mcm) (Entered: 04/08/1996)
04/05/1996 125 Certificate Of Service By Trustee Stephen S. Gray Of [124-1] Affidavit in Support, [123-1] Motion To Employ Choate, Hall & Stewart and Paul Moore of that Firm as Counsel Nunc Pro Tunc to April 2, l996 by Stephen S. Gray . (mcm) (Entered: 04/08/1996)
04/05/1996 126 Assented to Motion By Trustee Stephen S. Gray, Creditor Judith Moriarty & Mario Nicosia, and Alphonse Mourad, To Extend Time To Respond To Motion to Approve Stipulation of Settlement between Debtor, Alphonse Mourand and Mario Nicosia and Judith Moriarty, Individually and as Trustees . c/s (mcm) (Entered: 04/08/1996)
04/05/1996 127 Bond of Trustee and Approval In Amount of $ 100,000.00 With Fidelity & Depost Co. of Maryland As Surety. (mcm) (Entered: 04/08/1996)
04/08/1996 128 Verified Statement of Stephen S. Gray (mcm) (Entered: 04/08/1996)
04/08/1996 129 Trustee's Stephen S. Gray EMERGENCY Motion For Authority To Use Cash Collateral . (plc) (Entered: 04/08/1996)
04/08/1996 130 Motion Of Trustee, Stephen S. Gray Pursuant To Local Rule 26(C)(1) For Emergency Hearing On [129-1] Trustee's EMERGENCY Motion For Authority To Use Cash Collateral . (plc) (Entered: 04/08/1996)
04/08/1996 131 Certificate Of Service By John F. Ventola for Trustee, Stephen S. Gray RE: [129-1] Motion For Authority To Use Cash Collateral and Motion For Emergency Hearing On [129-1] Trustee's EMERGENCY Motion For Authority To Use Cash Collateral by Stephen S. Gray. (plc) (Entered: 04/08/1996)
04/08/1996 Endorsement Order Granting [130-1] Motion For Emergency Hearing On [129-1] Trustee's EMERGENCY Motion For Authority To Use Cash Collateral by Stephen S. Gray Hearing reset To 2:00 4/8/96 at Courtroom 4, ALLOWED. HEARING TODAY AT 2:00 P.M. Entered on 4/8/96 (mcm) (Entered: 04/08/1996)
04/08/1996 132 Objection By Trustee Stephen S. Gray To [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow . c/s (mcm) (Entered: 04/09/1996)
04/08/1996 133 Certificate Of Telephonic Service By John F. Ventola for Trustee Stephen S. Gray Of [130-1] Motion For Emergency Hearing On [129-1] Trustee's EMERGENCY Motion For Authority To Use Cash Collateral by Stephen S. Gray, [129-1] Motion For Authority To Use Cash Collateral . Filed in Open Court. (mcm) (Entered: 04/09/1996)
04/08/1996 Endorsement Order Granting [123-1] Application To Employ Choate, Hall & Stewart and Paul Moore of that Firm as Counsel Nunc Pro Tunc to April 2, l996 by Stephen S. Gray ALLOWED. Entered on 4/8/96 (mcm) (Entered: 04/09/1996)
04/08/1996 Endorsement Order Granting [126-1] Motion To Extend Time To May 15, l996 to Respond To Motion to Approve Stipulation of Settlement between Debtor, Alphonse Mourand and Mario Nicosia and Judith Moriarty, Individually and as Trustees by Judith Moriarty & Mario Nicosia, Stephen S. Gray. ALLOWED. Entered on 4/8/96 (mcm) (Entered: 04/09/1996)
04/08/1996 134 Kenner, J. Order Regarding [129-1] Motion For Authority To Use Cash Collateral. THE TRUSTEE'S MOTION FOR AUTHORITY TO USE CASH COLLATERAL IS ALLOWED AS AN INTERIM ORDER THRU MAY 1, 1996. ALL OBJECTIONS ARE TO BE FILED ON OR BEFORE APRIL 18 1996 AT 4:00 P.M. A FINAL HEARING WILL BE HELD ON MAY 1, 1996 AT 9:30 A.M. Entered on 4/8/96 (mcm) (Entered: 04/09/1996)
04/09/1996 Endorsement Order Regarding [129-1] Motion For Authority To Use Cash Collateral. ALLOWED AS AN INTERIM ORDER THROUGH DATE OF 5/1/96 HEARING. Entered on 4/8/96 (mcm) (Entered: 04/09/1996)
04/09/1996 Hearing Held Re: [129-1] Motion For Authority To Use Cash Collateral . SEE ORDER (mcm) (Entered: 04/09/1996)
04/09/1996 Hearing Re: [129-1] Motion For Authority To Use Cash Collateral Scheduled For 9:30 5/1/96 at Courtroom 4, Objections to Motion Due On: 4:00 4/18/96 (mcm) (Entered: 04/09/1996)
04/09/1996 135 Objection By Creditor Boston Redevelopment Authority To [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow . c/s (mcm) (Entered: 04/09/1996)
04/09/1996 136 Notice of Hearing Paul D. Moore for Trustee Stephen S. Gray [0-0] Hearing, RE: [130-1] Motion For Emergency Hearing On [129-1] Trustee's EMERGENCY Motion For Authority To Use Cash Collateral by Stephen S. Gray (mcm) (Entered: 04/09/1996)
04/10/1996 137 Request by Creditor Mourad & Sons Building Construction, Inc. For Payment of Post Petition Services Rendered Pursuant to 11 U.S.C. Section 503. (mcm) (Entered: 04/10/1996)
04/10/1996 138 Memorandum By Robert E. Daidone for Creditor Mourad & Sons Building Construction, Inc In Support Of [137-1] Request by Mourad & Sons Building Construction, Inc. for Payment of Post-Petition Services Rendered Pursuant to 11 U.S. C. 503 by Mourad & Sons Building Construction, Inc . (mcm) (Entered: 04/10/1996)
04/10/1996 139 Certificate Of Service By Robert E. Daidone for Creditor Mourad & Sons Building Construction, Inc Of [138-1] Support Brief/Memorandum by Robert E. Daidone, [137-1] Request by Mourad & Sons Building Construction, Inc . (mcm) (Entered: 04/10/1996)
04/10/1996 140 Notice of Appearance And Request For Service Of Notice By Robert E. Daidone for Creditor Mourad & Sons Building Construction, Inc . (mcm) (Entered: 04/10/1996)
04/10/1996 141 Certificate Of Service By Robert E. Daidone for Creditor Mourad & Sons Building Construction, Inc Of [138-1] Support Brief/Memorandum by Robert E. Daidone, [137-1] Request for Paynment for Post-Petition Services Rendered Pursuant to 11 U.S.C. Section 503 Mourad & Sons Building Construction, Inc . c/s sent to Stephen Gray (mcm) (Entered: 04/10/1996)
04/11/1996 142 Notice Of Appeal By Alphonse Mourad Appellant Designation of Records and Statement of Issues Due: 4:00 4/22/96 RE: [120-1] Order entered April 1, relating to the appointment of a Chapter 11 Trustee. c/s (mcm) (Entered: 04/12/1996)
04/12/1996 143 Notice by the Court Re: [142-1] Notice Appeal by Alphonse Mourad. Designation of Records and Statement of Issues due 4/22/96 at 4:00 p.m. (mcm) (Entered: 04/12/1996)
04/12/1996 144 Amended Verified Statement [124-1] Affidavit in Support of Motion to Employ Paul D. Moore Filed By: Trustee Stephen S. Gray c/s (mcm) (Entered: 04/12/1996)
04/17/1996 145 Motion By Trustee Stephen S. Gray To Extend Time To Respond to Request by Mourad & Sons Building Construction, Inc. for Payment of Post-Petition Services Rendered Pursuant to 11 U.S.C. Section 503 . c/s (mcm) (Entered: 04/17/1996)
04/18/1996 146 Motion By Creditor Judith Moriarty & Mario Nicosia To Extend Time To to Respond to Trustee's Emergency Motion For Authority to Use Cash Collateral , For Expedited Determination Re: [146-1] Motion by Judith Moriarty & Mario Nicosia c/s (mcm) (Entered: 04/18/1996)
04/18/1996 147 Objection By Creditor Winter Hill Federal Savings Bank To [130-1] Motion For Emergency Hearing On [129-1] Trustee's EMERGENCY Motion For Authority To Use Cash Collateral by Stephen S. Gray, [129-1] Motion For Authority To Use Cash Collateral . c/s (mcm) (Entered: 04/18/1996)
04/18/1996 148 Affidavit of Dennis J. Doolin in Support of [147-1] Objection by Winter Hill Federal Savings Bank (mcm) (Entered: 04/18/1996)
04/18/1996 Endorsement Order Granting [145-1] Motion To Extend Time To Respond to Request by Mourad & Sons Building Construction, Inc. for Payment of Post-Petition Services Rendered Pursuant to 11 U.S.C. Section 503 by Stephen S. Gray. (Extended to 5/6/96) ALLOWED. Entered on 4.18.96 (mnd) (Entered: 04/19/1996)
04/18/1996 Endorsement Order Granting [146-2] Motion For Expedited Determination Re: [146-1] Motion by Judith Moriarty & Mario Nicosia by Judith Moriarty & Mario Nicosia, Granting [146-1] Motion To Extend Time To to Respond to Trustee's Emergency Motion For Authority to Use Cash Collateral uo to and including 4/26/96 at 4:00 p.m. by Judith Moriarty & Mario Nicosia Entered on 4/18/96 (mcm) (Entered: 04/19/1996)
04/19/1996 Endorsement Order Denying [122-1] Motion For Relief from Automatic Stay re: Lease Agreement on a 1992 Lexus SC 400 by Lease and Rental Management Corp. DENIED WITHOUT PREJUDICE. MOVANT MAY RE-FILE THE MOTION AND SERVE THE CH. 11 TRUSTEE. Entered on 4/19/96 (mcm) (Entered: 04/19/1996)
04/19/1996 149 Transcript of Hearing Held on 4/1/96 [21-1] Motion For Appointment of Trustee by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority Court Reporter: Mary L. Artesani (mcm) (Entered: 04/19/1996)
04/22/1996 150 Appellant Designation of Records By Alphonse Mourad Of Contents For Inclusion In Record On Appeal [142-1] Notice Appeal by Alphonse Mourad ; Appellee's Designation Due: 4:00 5/2/96 ;Compiled Records due by 4:00 5/7/96 Transmission Due: 4:00 5/9/96 (mcm) (Entered: 04/23/1996)
04/22/1996 151 Statement of Issues filed by Appellant Alphonse Mourad Re: [142-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 04/23/1996)
04/22/1996 152 Certificate Of Service By Interested Party Alphonse Mourad Of [151-1] Statenent of Issues [150-1] Designation of Records by Alphonse Mourad . (mcm) (Entered: 04/23/1996)
04/23/1996 153 Notice by the Court RE: [150-1] Designation of Recordsfor Appeal by Alphonse Mourad. Copies of Designated Records due 5/7/96. (mcm) (Entered: 04/23/1996)
04/23/1996 154 Objection By Creditor Mourad & Sons Building Construction, Inc To [145-1] Motion To Extend Time To Respond to Request by Mourad & Sons Building Construction, Inc. for Payment of Post-Petition Services Rendered Pursuant to 11 U.S.C. Section 503 by Stephen S. Gray . (mcm) (Entered: 04/23/1996)
04/23/1996 155 Memorandum By Robert E. Daidone for Creditor Mourad & Sons Building Construction, Inc In Support Of [154-1] Objection by Mourad & Sons Building Construction, Inc . (mcm) (Entered: 04/23/1996)
04/23/1996 156 Certificate Of Service By Robert E. Daidone for Creditor Mourad & Sons Building Construction, Inc Of [155-1] Support Brief/Memorandum by Robert E. Daidone, [154-1] Objection by Mourad & Sons Building Construction, Inc . (C/S Not Signed) (mcm) (Entered: 04/23/1996)
04/24/1996 157 Objection By Creditor Mourad & Sons Building Construction, Inc To [145-1] Motion To Extend Time To Respond to Request by Mourad & Sons Building Construction, Inc. for Payment of Post-Petition Services Rendered Pursuant to 11 U.S.C. Section 503 by Stephen S. Gray. ***This is a Duplicate Motion, With an Original Signature*** (mcm) (Entered: 04/24/1996)
04/24/1996 158 Memorandum By Robert E. Daidone for Creditor Mourad & Sons Building Construction, Inc In Support Of [157-1] Objection by Mourad & Sons Building Construction, Inc . ***Duplicate with an Original Signature*** (mcm) (Entered: 04/24/1996)
04/24/1996 159 Certificate Of Service By Robert E. Daidone for Creditor Mourad & Sons Building Construction, Inc Of [158-1] Support Brief/Memorandum by Robert E. Daidone, [157-1] Objection by Mourad & Sons Building Construction, Inc . (mcm) (Entered: 04/24/1996)
04/26/1996 160 Objection Of Judith Moriarty & Mario Nicosia As Trustees of The L & N First Mortgage Realty Trust To Emergency [129-1] Motion of Chapter 11 Trustee For Authority To Use Cash Collateral. C/S. (mnd) (Entered: 04/26/1996)
04/26/1996 161 Notice of Appearance And Request For Service Of Notice By Elizabeth O'Donnell for Creditor City of Boston Law Department. (ma) (Entered: 04/26/1996)
04/26/1996 162 Objection Of Edmund I. Shamsi President of Shamir Construction Corp. To Emergency [129-1] Motion of Chapter 11 Trustee For Authority To Use Cash Collateral. C/S. (mnd) (Entered: 04/26/1996)
04/29/1996 163 Amended [127-1] Bond . Filed By: Trustee Stephen S. Gray The Amount of Bond is hereby increased to $260,000.00 issued by Fidelity and Deposit Co. of Maryland (mcm) (Entered: 04/29/1996)
04/30/1996 164 Motion By Creditor Lease and Rental Management Corp. For Relief from Automatic Stay . (1992 Lexus SC 400) Exhibits and C/S Attached. Response due 5/10/96 (mcm) (Entered: 04/30/1996)
05/01/1996 165 Affidavit Of Sandra L. McGoldrick In Support of [147-1] Objection by Winter Hill Federal Savings Bank's Objection to Chapter 11 Trustees Emergency Motion for Authority to Use Cash Collateral. *Filed in open court 5/1/96. (mnd) (Entered: 05/01/1996)
05/01/1996 Hearing Held Re: [129-1] Motion For Authority To Use Cash Collateral. *See Order [166-1] for complete text. (ndl) (Entered: 05/01/1996)
05/01/1996 166 Kenner, J. Order Regarding [129-1] Motion For Authority To Use Cash Collateral. EVIDENTIARY HEARING CONTINUED TO JUNE 4, 1996 AT 10:00 A.M. THE TRUSTEE WILL FILE A BUDGET BY 5/13/96 AT 4:00 P.M., AND OBJECTIONS TO THE BUDGET ARE DUE ON 5/21/96 AT 4:00 P.M. ANY CHALLENGE TO THE EXTENT OR VALIDITY OF THE CLAIM AND SECURITY INTEREST OF WINTER HILL SAVINGS BANK BY JULY 1, 1996 AT 4:00 P.M. THE MOVING PARTY IS AUTHORIZED TO USE CASH COLLATERAL TO 6/4/96. Entered on 5/1/96 (ndl) (Entered: 05/01/1996)
05/01/1996 Continued Evidentiary Hearing Re: [129-1] Motion For Authority To Use Cash Collateral Continued For 10:00 6/4/96 at Courtroom 4, Boston. (ndl) (Entered: 05/01/1996)
05/02/1996 167 Notice of Continued Hearing John F. Ventola for Trustee Stephen S. Gray [0-0] Hearing, RE: [129-1] Motion For Authority To Use Cash Collateral c/s (mcm) (Entered: 05/02/1996)
05/02/1996 168 Appellee's Designation of Additional Items to be Included in the Record of Appeal by Boston Redevelopment Authority of Contents For Inclusion In Record On Appeal Re: [142-1] Notice Appeal by Alphonse Mourad ; (mcm) (Entered: 05/02/1996)
05/02/1996 169 Statement of Counter Issues filed by Saul A. Schapiro for Creditor Boston Redevelopment Authority Re: [142-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 05/02/1996)
05/02/1996 170 Motion By Creditor Boston Redevelopment Authority To Strike [150-1] Portion of Appellant Mourad's Designation of Record for appeal . (mcm) (Entered: 05/02/1996)
05/02/1996 171 Certificate Of Service By Saul A. Schapiro for Creditor Boston Redevelopment Authority Of [170-1] Motion To Strike [150-1] Portion of Appellant Mourad's Designation of Record for appeal by Boston Redevelopment Authority, [169-1] Issues Statement by Saul A. Schapiro, [168-1] Designation Appellee by Boston Redevelopment Authority . (mcm) (Entered: 05/02/1996)
05/03/1996 172 Interim Report of Trustee Stephen S. Gray (mcm) (Entered: 05/06/1996)
05/06/1996 173 Certificate Of Service By Trustee Stephen S. Gray Of [172-1] Interim Report by Stephen S. Gray . (mcm) (Entered: 05/06/1996)
05/06/1996 174 Appellee's Designation of Additional Items for Inclusion in Record on Appeal and Counter Designation of Statement of Issues by Stephen S. Gray of Contents For Inclusion In Record On Appeal Re: [142-1] Notice Appeal by Alphonse Mourad ; c/s (mcm) (Entered: 05/07/1996)
05/06/1996 176 Objection By Trustee Stephen S. Gray To [137-1] Request for Payment of Post-Petition Services by Mourad & Sons Building Construction, Inc . Exhibit and C/S Attached. (mcm) (Entered: 05/07/1996)
05/07/1996 175 Notice by the Court RE: [174-1] Designation of Additional Records of Appellee by Stephen S. Gray Copies of Designated Records due 5/21/96. (mcm) (Entered: 05/07/1996)
05/13/1996 177 Application By Trustee Stephen S. Gray To Employ Gibraltar Associates, Inc. as Property Manager Pro Tunc to 4/15/96 . (mcm) (Entered: 05/13/1996)
05/13/1996 178 Affidavit (Including Verified Statement Purusuant to Sec. 327, Rule 2014 and Local Rule 31) [177-1] Application To Employ Gibraltar Associates, Inc. as Property Manager Pro Tunc to 4/15/96 by Stephen S. Gray (mcm) (Entered: 05/13/1996)
05/13/1996 179 Certificate Of Service By John F. Ventola for Trustee Stephen S. Gray Of [178-1] Affidavit, [177-1] Application To Employ Gibraltar Associates, Inc. as Property Manager Pro Tunc to 4/15/96 by Stephen S. Gray . (mcm) (Entered: 05/13/1996)
05/13/1996 180 Affidavit of Carolyn Gibson Pertaining to Operating Budget. Exhibit "A" Attached. c/s (mcm) (Entered: 05/14/1996)
05/14/1996 Endorsement Order Granting [164-1] Motion For Relief from Automatic Stay by Lease and Rental Management Corp. NO OPPOSITION FILED. ALLOWED. Entered on 5/14/96 (mcm) (Entered: 05/14/1996)
05/14/1996 181 Assented to Motion By Interested Party Alphonse Mourad, Creditor Judith Moriarty & Mario Nicosia To Extend Time To 5/8/95 at 4:00 p.m. Respond to Motion to Approve Stipulation of Settlement . c/s (mcm) (Entered: 05/15/1996)
05/15/1996 Endorsement Order Granting [181-1] Motion To Extend Time To 5/8/95 at 4:00 p.m. Respond to Motion to Approve Stipulation of Settlement by Judith Moriarty & Mario Nicosia, Alphonse Mourad. ALLOWED. Entered on 5/15/96 (mcm) (Entered: 05/15/1996)
05/15/1996 182 Motion for Order By Trustee Stephen S. Gray To Employ Verdolino & Lowey, P.C Accountant Nunc Pro Tunc to May 2, 1996 . (mcm) (Entered: 05/15/1996)
05/15/1996 183 Affidavit of Keith D. Lowey In Support of [182-1] Application To Employ Verdolino & Lowey, P.C Accountant Nunc Pro Tunc to May 2, 1996 by Stephen S. Gray (mcm) (Entered: 05/15/1996)
05/15/1996 184 Certificate Of Service By John F. Ventola for Trustee Stephen S. Gray Of [183-1] Affidavit, [182-1] Application To Employ Verdolino & Lowey, P.C Accountant Nunc Pro Tunc to May 2, 1996 by Stephen S. Gray . (mcm) (Entered: 05/15/1996)
05/15/1996 185 Motion for Order Authorizing Chaper 7 Trustee Stephen S. Gray To Employ Charles S. Mancuso as Special Landlord-Tenant Clounsel Nunc Pro Tjunc to MAy 8, l996 to Authorize Terms of Compensation . (mcm) (Entered: 05/15/1996)
05/15/1996 186 Affidavit (including Verified Statement of Charles S. Mancuso RE: [185-1] Application To Employ Charles S. Mancuso as Special Landlord-Tenant Clounsel Nunc Pro Tjunc to MAy 8, l996 to Authorize Terms of Compensation by Stephen S. Gray (mcm) (Entered: 05/15/1996)
05/15/1996 187 Certificate Of Service By John F. Ventola for Trustee Stephen S. Gray Of [186-1] Affidavit, [185-1] Application To Employ Charles S. Mancuso as Special Landlord-Tenant Clounsel Nunc Pro Tjunc to MAy 8, l996 to Authorize Terms of Compensation by Stephen S. Gray . (mcm) (Entered: 05/15/1996)
05/15/1996 188 Motion by Trustee Stephen S. Gray in 96-10123 To Set Bar Date for Claims or Interest Must be filed. Exhibit "A Attached. c/s (mcm) (Entered: 05/15/1996)
05/16/1996 Endorsement Order Granting [188-1] Motion To Set Bar Date for Claims or Interest Must be filed. by Stephen S. Gray ALLOWED. Entered on 5/16/96 (mcm) (Entered: 05/16/1996)
05/16/1996 189 Kenner, J. Order Fixing Time Within Which Proofs of Claim or Interest Must Be Filed and Designating Form and Manner of Notice Regarding [188-1] Motion To Set Bar Date for Claims or Interest Must be filed. by Stephen S. Gray . Entered on 5/16/96 ***See Doc. #189 For Complete Text*** (mcm) (Entered: 05/16/1996)
05/16/1996 190 Motion By Creditor Mario Nicosia/Judith Moriarty, L&N Trust To Extend Time To Respond To Operating Budget , For Expedited Determination Re: [180-1] Affidavit of Caroly Gibson Pertaining to Operating Budget c/s (mcm) (Entered: 05/16/1996)
05/16/1996 Endorsement Order Granting [190-2] Motion For Expedited Determination Re: [180-1] Affidavit of Caroly Gibson Pertaining to Operating Budget by Mario Nicosia/Judith Moriarty, L&N Trust, Granting [190-1] Motion To Extend Time To Respond To Operating Budget by Mario Nicosia/Judith Moriarty, L&N Trust up to and including Friday 5/24/96 at 4:00 p.m. ALLOWED. Entered on 5/16/96 (mcm) (Entered: 05/16/1996)
05/17/1996 191 Trustee's Assent by Trustee Stephen S. Gray To Motion Of Judith Moriarty And Mario Nicosia As Trustees Of The L & N First Mortgage Realty Trust For Extension Of Time To Respond To Operating Budget Of Chapter 11 Trustee And Request For Expedited Consideration. Re:[190-2] Motion For Expedited Determination Re: [180-1] Affidavit of Caroly Gibson Pertaining to Operating Budget by Mario Nicosia/Judith Moriarty, L&N Trust, [190-1] Motion To Time To Respond To Operating Budget by Mario Nicosia/Judith Moriarty, L&N Trust . C/S. (ndl) (Entered: 05/17/1996)
05/21/1996 192 Objection By Creditor Winter Hill Federal Savings Bank To [180-1] Affidavit of Carolyn Gibson Pertaining to Operating Budget. (mcm) (Entered: 05/22/1996)
05/21/1996 193 Affidavit of Eleanor G. White RE: [192-1] Objection by Winter Hill Federal Savings Bank (mcm) (Entered: 05/22/1996)
05/21/1996 194 Certificate Of Service By John C. Hutchins for Creditor Winter Hill Federal Savings Bank Of [193-1] Affidavit, [192-1] Objection by Winter Hill Federal Savings Bank . (mcm) (Entered: 05/22/1996)
05/21/1996 195 Response By Debtor V & M Management, Inc. To [180-1] Affidavit of Carolyn Gibson Pertaining to Operating Budget. Exhibits and C/S Attached (mcm) (Entered: 05/22/1996)
05/23/1996 196 Transmittal of Proceedings To District Court Re: Notice Appeal [142-1] by Interested Party Alphonse Mourad . (mcm) (Entered: 05/23/1996)
05/23/1996 197 Objection By Creditor Mario Nicosia/Judith Moriarty, L&N Trust To [180-1] Affidavit of Carolyn Gibson Pertaining to Operating Budget. c/s (mcm) (Entered: 05/23/1996)
05/28/1996 198 Chapter 11 Trustee's Objection By Trustee Stephen S. Gray To Motion To Approve Stipulation Of Settlement Between Debtor, Alphonse Mourad and Mario Nicosia and Judith Moriarty Individually and as Trustees. Re:[116-1] Motion For Approval On [115-1] Stipulation by V & M Management, Inc., Judith Moriarty & Mario Nicosia, and Alphonse Mourad by Harold B. Murphy . C/S. (ndl) (Entered: 05/28/1996)
05/28/1996 199 Notice by John F. Ventola for Trustee Stephen S. Gray Of Last Day To File Proofs Of Claim Or Interest. Re: [189-1] Order. C/S. (ndl) (Entered: 05/29/1996)
05/30/1996 200 Request By Appraiser FD Pietroski & Company For Payment of Professional Services Provided By FD Pietroski & Company . (mnd) (Entered: 05/30/1996)
05/30/1996 Kenner, J. Endorsement Order Denying [200-1] Application For Payment of Professional Services Provided By FD Pietroski & Company by FD Pietroski & Company. DENIED WITHOUT PREJUDICE BECAUSE NO CERT./SERVICE FILED. Entered on 5/30/96. (ndl) (Entered: 05/30/1996)
05/30/1996 KENNER, J. Endorsement Order Allowing [177-1] Application To Employ Gibraltar Associates, Inc. as Property Manager Pro Tunc to 4/15/96 by Stephen S. Gray. NO OBJECTION: ALLOWED. Entered on 5/30/96. (plc) (Entered: 05/30/1996)
06/04/1996 201 Kenner, J. Order Regarding [129-1] Motion For Authority To Use Cash Collateral. 1) THE MOTION OF THE CHAPTER 11 TRUSTEE FOR AUTHORITY TO USE CASH COLLATERAL IS ALLOWED. THE OBJECTIONS OF WINTER HILL, L & N REALTY TRUST AND EDMUND SHAMSI ARE OVERRULED. THE RESPONSE OF THE DEBTOR WAS NOT AN OBJECTION. THE COURT MADE FINDINGS AND RULINGS ON THE RECORD. 2) THE TRUSTEE SHALL SERVE COPIES OF HIS MONTHLY OPERATING REPORTS ON THE DEBTOR AND THE SECURED CREDITORS. 3) THE TRUSTEE IS AUTHORIZED TO USE THE AMOUNT SET FORTH IN HIS BUDGET, APPROXIMATELY $2.4 MILLION, TO PERFORM NECESSARY AND ORDINARY MAINTENANCE AND REPAIRS INCLUDING RENOVATION OF VACANT UNIT, THROUGH MARCH 31, 1997. Entered on 6/4/96 (mcm) (Entered: 06/04/1996)
06/04/1996 Hearing Held Re: [129-1] Motion For Authority To Use Cash Collateral . SEE ORDER. (mcm) (Entered: 06/04/1996)
06/04/1996 Endorsement Order Granting [182-1] Application To Employ Verdolino & Lowey, P.C Accountant Nunc Pro Tunc to May 2, 1996 by Stephen S. Gray. ALLOWED. Entered on 6/4/96 (mcm) (Entered: 06/04/1996)
06/04/1996 Endorsement Order Granting [185-1] Application To Employ Charles S. Mancuso as Special Landlord-Tenant Clounsel Nunc Pro Tjunc to MAy 8, l996 to Authorize Terms of Compensation by Stephen S. Gray. ALLOWED. Entered on 6/4/96 (mcm) (Entered: 06/04/1996)
06/05/1996 202 Request by Appraiser FD Pietroski & Company For Compensation . c/s (mcm) (Entered: 06/05/1996)
06/06/1996 Hearing Re: [116-1] Motion For Approval On [115-1] Stipulation by V & M Management, Inc., Judith Moriarty & Mario Nicosia, and Alphonse Mourad by Harold B. Murphy schd For 10:30 7/17/96 at Courtroom 4, (ma) (Entered: 06/06/1996)
06/11/1996 203 Notice of Appearance And Request For Service Of Notice By Mary T. Cummings for Creditor Massachusetts Department of Revenue. c/s (mcm) (Entered: 06/12/1996)
06/12/1996 204 Notice of Docketing Record on Appeal RE: [142-1] Notice Appeal by Alphonse Mourad ( 96-11199) (mcm) (Entered: 06/12/1996)
06/14/1996 205 Notice of Hearing by Donald F. Farrell, Jr. [0-0] Hearing, RE: [116-1] Motion For Approval On [115-1] Stipulation by V & M Management, Inc., Judith Moriarty & Mario Nicosia, and Alphonse Mourad by Harold B. Murphy c/s (mcm) (Entered: 06/17/1996)
06/17/1996 206 Kenner, J. Agreed Order on [137-1] Request by Mourad & Sons Building Construction, Inc. For Payment. Agreed and Assented to by Stepehn S. Gray and Mourad and Sons Building Construction, Inc. Entered on 6/17/96 (mcm) (Entered: 06/18/1996)
06/20/1996 207 Objection By Trustee Stephen S. Gray To [202-1] Application For Compensation by FD Pietroski & Company . c/s (mcm) (Entered: 06/21/1996)
06/25/1996 Hearing Re: [202-1] Application For Compensation by FD Pietroski & Company schd For 10:30 8/20/96 at Courtroom 4, (ma) (Entered: 06/25/1996)
06/28/1996 208 Certificate Of Service By FD Pietroski & Company for Appraiser FD Pietroski & Company Of [0-0] Hearing scheduled for 8/20/96 at 10:30 am, Re: [202-1] Application For Compensation by FD Pietroski & Company . (mnd) (Entered: 07/01/1996)
07/01/1996 Complaint (96-1346) Stephen S. Gray vs. Winter Hill Federal Savings Bank . NOS 435 Validity/Priority/Extent Lien . ( Filing Fee $ 120.00 Receipt # 373119) (kpm) (Entered: 07/01/1996)
07/03/1996 209 Notice of Withdrawal Of Stipulation filed by Attorney, Andrew D. Cummings for Creditor, Judith Moriarty, Mario Nicosia and L & N First Mortgage Realty Trust RE: [115-1] Stipulation by V & M Management, Inc., Judith Moriarty & Mario Nicosia, [116-1] Motion For Approval On [115-1] Stipulation by V & M Management, Inc., Judith Moriarty & Mario Nicosia, and Alphonse Mourad by Harold B. Murphy. (plc) (Entered: 07/05/1996)
07/09/1996 Endorsement Order Regarding [209-1] Notice of Withdrawal of Stipulation by L & N First Mortgage Realty Trust, Judith Moriarty & Mario Nicosia THE 7/17/96 HEARING IS CANCELLED. Entered on 7/8/96 (mcm) (Entered: 07/09/1996)
07/10/1996 210 Transcript of Hearing Held on 5/1/96 [129-1] Motion For Authority To Use Cash Collateral Court Reporter: Mary Artesani (mcm) (Entered: 07/10/1996)
07/11/1996 211 Withdrawal by: Gary W. Cruickshank re: [8-1] Notice To Appear by Gary W. Cruickshank c/s (mcm) (Entered: 07/11/1996)
07/12/1996 212 Notice by Eddirland Duncan of Cancellation of [0-0] Hearing, RE: [116-1] Motion For Approval On [115-1] Stipulation by V & M Management, Inc., Judith Moriarty & Mario Nicosia, and Alphonse Mourad by Harold B. Murphy c/s (mcm) (Entered: 07/15/1996)
08/05/1996 213 Notice of Appearance And Request For Service Of Notice By Jennifer A. Nixon for Creditor Edmund Shamsi and Shamir Corp.. (ma) (Entered: 08/06/1996)
08/12/1996 214 Motion By Trustee Stephen S. Gray To Reject Unexpired Lease of Non-Residential Real Property . c/s (mcm) (Entered: 08/13/1996)
08/20/1996 215 Kenner, J. Order Regarding [202-1] Application For Compensation by FD Pietroski & Company. THE COURT WILL SCHEDULE AN EVIDENTIARY HEARING ON THE ISSUE OF THE REASONABLENESS OF THE ASSUMPTIONS UNDERLYING THE APPRAISAL. Entered on 8/20/96 (mcm) (Entered: 08/21/1996)
08/21/1996 Hearing Held Re: [202-1] Application For Compensation by FD Pietroski & Company . SEE ORDER. (mcm) (Entered: 08/21/1996)
08/22/1996 216 Second Interim Report of the Chapter 11 Trustee Exibits Attached c/s (mcm) (Entered: 08/23/1996)
08/23/1996 217 Transcript of Hearing Held on 6/4/96 [129-1] Motion For Authority To Use Cash Collateral Court Reporter: Mary Artesani (mcm) (Entered: 08/23/1996)
08/28/1996 218 Motion For Order Authorizing Trustee Stephen S. Gray To Employ Bonz & Co., Inc. as Real Estate Appraiser . (mcm) (Entered: 08/28/1996)
08/28/1996 219 Affidavit by Richard E Bonz of Bonz & Co. RE: [218-1] Application To Employ Bonz & Co., Inc. as Real Estate Appraiser by Stephen S. Gray (mcm) (Entered: 08/28/1996)
08/28/1996 220 Certificate Of Service By John F. Ventola for Trustee Stephen S. Gray Of [219-1] Affidavit of Richard Bonz, [218-1] Application To Employ Bonz & Co., Inc. as Real Estate Appraiser by Stephen S. Gray . (mcm) (Entered: 08/28/1996)
08/30/1996 Evidentiary Hearing Re: [202-1] Application For Compensation by FD Pietroski & Company schd For 10:00 11/26/96 at Courtroom 4, (mem) (Entered: 08/30/1996)
08/30/1996 221 Letter from Thelma Barros, President of Mandela Residents Cooperative Association, Inc. Exhibits Attached. (mcm) (Entered: 09/03/1996)
09/04/1996 Endorsement Order Granting [214-1] Motion To Reject Unexpired Lease of Non-Residential Real Property by Stephen S. Gray. NO OBJECTION FILED. ALLOWED. Entered on 9/4/96. (mcm) (Entered: 09/04/1996)
09/05/1996 222 Certificate Of Service By Appraiser FD Pietroski Of [0-0] Hearing, RE: [202-1] Application For Compensation by FD Pietroski & Company . (mcm) (Entered: 09/05/1996)
09/05/1996 223 Certificate Of Service By John F. Ventola for Trustee Stephen S. Gray Of [0-0] Hearing, RE: [202-1] Application For Compensation by FD Pietroski & Company . (mcm) (Entered: 09/05/1996)
09/16/1996 Endorsement Order Granting [218-1] Application To Employ Bonz & Co., Inc. as Real Estate Appraiser by Stephen S. Gray ALLOWEd. Entered on 9/16/96 (mcm) (Entered: 09/16/1996)
09/16/1996 224 Motion for Order By Trustee Stephen S. Gray To Employ On-Site Insite As Capital Need Appraiser . (mcm) (Entered: 09/17/1996)
09/16/1996 225 Affidavit of David Whiston, President of On-Site Insite RE: [224-1] Application To Employ On-Site Insite As Capital Need Appraiser by Stephen S. Gray (mcm) (Entered: 09/17/1996)
09/16/1996 226 Certificate Of Service By John F. Ventola for Trustee Stephen S. Gray Of [225-1] Affidavit, [224-1] Application To Employ On-Site Insite As Capital Need Appraiser by Stephen S. Gray . (mcm) (Entered: 09/17/1996)
09/17/1996 Endorsement Order Granting [224-1] Application To Employ On-Site Insite As Capital Need Appraiser by Stephen S. Gray ALLOWED. Entered on 9/17/96] (mcm) (Entered: 09/17/1996)
09/17/1996 227 Letter from Thelma Barros (mcm) (Entered: 09/18/1996)
09/23/1996 229 Letter from Thelma Barros, Cooperative President of The Mandela Tenant Cooperative Association, Inc. (ndl) (Entered: 09/25/1996)
09/24/1996 228 Kenner, J. Procedural Order. THE COURT WILL HOLD A STATUS CONFERENCE ON THIS CASE ON THURSDAY, OCTOBER 17, 1996 AT 9:45 A.M. Entered on 9/24/96 *SEE ORDER FOR COMPLETE TEXT. (ndl) (Entered: 09/25/1996)
09/25/1996 Status Conference Re: [228-1] Procedural Order Status Hrg scheduled for 9:45 10/17/96 at Courtroom 4, Boston. (ndl) (Entered: 09/25/1996)
10/10/1996 230 Motion By Harold B. Murphy for Debtor V & M Management, Inc. To Withdraw As Attorney of Record . c/s (mcm) (Entered: 10/10/1996)
10/10/1996 Endorsement Order Granting [230-1] Motion To Withdraw As Attorney of Record by Harold B. Murphy . Involvement of attorney Harold B. Murphy for V & M Management, Inc. Terminated. ALLOWED. Entered on 10/10/96 (mcm) (Entered: 10/11/1996)
10/15/1996 231 Report Filed by Alphonse Mourad RE: The submission of 5.5 million dollar bid to the REcovery Group by Mourad, Owens & Associates to Purchase the Mandela Development. (mcm) (Entered: 10/16/1996)
10/16/1996 232 Letter from Mandela Residents Cooperative Ass'n. signed by Thelma Barros, President (mcm) (Entered: 10/16/1996)
10/16/1996 233 Third Interim Report of Stephen S. Gray the Chapter 11 Trustee (mcm) (Entered: 10/16/1996)
10/17/1996 234 Notice of Appearance by Interested Party Alphonse Mourad (mcm) (Entered: 10/17/1996)
10/17/1996 235 Motion By To Substitute V & M Management for Alphonse Mourad as the Appellant . (mcm) (Entered: 10/17/1996)
10/18/1996 Endorsement Order Regarding [235-1] Motion To Substitute V & M Management for Alphonse Mourad as the Appellant by Alphonse Mourad. THE APPEAL WAS SENT TO DISTRICT COURT IN MAY 1996. THIS MOTION WAS NOT SERVED ON ANY PARTY IN INTEREST. THE CLERK'S OFFICE WILL SEND THIS MOTION TO DISTRICT COURT. Entered on 10.18.96 (mnd) (Entered: 10/18/1996)
10/18/1996 236 Addendum to Record on Appeal. Motion to Substitue V & M Management, Inc. fror Alphonse Mourad as the Appellant RE: [142-1] Notice Appeal by Alphonse Mourad transmitted to District Court (mcm) (Entered: 10/18/1996)
10/18/1996 237 KENNER, J. ORDER Regarding [228-1] Procedural Order For Status Conference. STATUS CONFERENCE HELD: THE TRUSTEE SHALL FILE A FOURTH INTERIM REPORT BY OCTOBER 31, 1996 AT 4:00PM, REPROTING THE RESULTS OF HIS DISCUSSIONS WITH HUD REGARDING THE COMPUTER CENTER. THE COURT WILL SCHEDULE A FURTHER HEARING ON THIS ISSUE IF NECESSARY. THE TRUSTEE WILL SERVE THIS AND ALL FUTURE REPORTS ON ALL PARTIES ON THE NOTICE LIST. THE COURT WILL SCHEDULE A FURTHER STATUS CONFERENCE FOR JANUARY 1997. (plc) (Entered: 10/21/1996)
10/18/1996 Hearing Held Re: [228-1] Procedural Order For Status Conference. *See Order #237, Dated 10/18/96 for Text. (plc) (Entered: 10/21/1996)
10/22/1996 238 Application Of On-Site Insight For Allowence Of Compensation As Capital Need Appraiser. Exhibits A-C attached. C/S. (mnd) (Entered: 10/23/1996)
10/22/1996 239 Application Of Bonz & Company, Inc. For Allowence Of Compensation As Real Estate Appraiser. Exhibits A-C attached. C/S. (mnd) (Entered: 10/23/1996)
10/23/1996 240 Motion By Mourad, Owens & Associates To Compel Trustee To Accept Purchase Offer. *C/S attached not signed. (mnd) (Entered: 10/23/1996)
10/23/1996 241 Emergency Motion Of Mourad, Owens & Associates To Prevent Trustee From Assuming Or Extending HAP Contract Without Notice, Hearing And Approval of Court , And To Compel Trustee to Pursue Claim Against HUD. (mnd) (Entered: 10/23/1996)
10/23/1996 242 Affidavit of Alphonse Mourad In Support Of [241-1] Motion To Prevent Trustee From Assuming Or Extending HAP Contract Without Notice, Hearing And Approval of Court by Mourad, Owens & Associates, [241-2] Motion To Compel Trustee to Pursue Claim Against HUD. (mnd) (Entered: 10/23/1996)
10/23/1996 243 Motion Of Mourad, Owens & Associates For Emergency Hearing Re: [241-1] Motion To Prevent Trustee From Assuming Or Extending HAP Contract Without Notice, Hearing And Approval of Court And [241-2] To Compel Trustee to Pursue Claim Against HUD. by Mourad, Owens & Associates. (mnd) (Entered: 10/23/1996)
10/23/1996 244 Certificate Of Service By Leonard M. Krulewich for Interested Party Mourad, Owens & Associates Of [243-1] Motion For Emergency Hearing by Leonard M. Krulewich, [241-1] Motion To Prevent Trustee From Assuming Or Extending HAP Contract Without Notice, Hearing And Approval of Court by Mourad, Owens & Associates, [241-2] Motion To Compel Trustee to Pursue Claim Against HUD. by Mourad, Owens & Associates . (mnd) (Entered: 10/23/1996)
10/23/1996 245 Certificate Of Service By Leonard M. Krulewich for Interested Party Mourad, Owens & Associates Of [243-1] Motion For Emergency Hearing by Leonard M. Krulewich, [241-1] Motion To Prevent Trustee From Assuming Or Extending HAP Contract Without Notice, Hearing And Approval of Court by Mourad, Owens & Associates, [241-2] Motion To Compel Trustee to Pursue Claim Against HUD. by Mourad, Owens & Associates . (mnd) (Entered: 10/23/1996)
10/23/1996 Endorsement Order Denying [243-1] Motion For Emergency Hearing by Leonard M. Krulewich. DENIED. THE "EMERGENCY" HERE APPEARS SELF-CREATED. MOREOVER, THE STANDING OF THE MOVING PARTY IS QUESTIONABLE. Entered on 10/23/96 (ymw) (Entered: 10/23/1996)
10/28/1996 246 Objection By Trustee Stephen S. Gray To [241-1] Emergency Motion To Prevent Trustee From Assuming Or Extending HAP Contract Without Notice, Hearing And Approval of Court by Mourad, Owens & Associates . (mcm) (Entered: 10/28/1996)
10/28/1996 247 Objection By Trustee Stephen S. Gray To [240-1] Motion To Compel Trustee To Accept Purchase Offer. by Mourad, Owens & Associates . c/s (mcm) (Entered: 10/28/1996)
10/28/1996 248 Motion By Trustee Stephen S. Gray For Sanctions . (mcm) (Entered: 10/28/1996)
10/28/1996 249 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [248-1] Motion For Sanctions by Stephen S. Gray, [247-1] Objection by Stephen S. Gray, [246-1] Objection by Stephen S. Gray . (mcm) (Entered: 10/28/1996)
10/29/1996 250 Letter from Thelma Burros (mcm) (Entered: 10/30/1996)
10/31/1996 251 Fourth Interim Report of Stephen S. Gray Chapter 11 Trustee c/s (mcm) (Entered: 10/31/1996)
11/12/1996 252 Emergency Motion By Mandela Residents Cooperative Ass'n. To Prevent Trustee From Setting Up Computer Center Without Hearing And Approval Of The Court And To Compel Trustee To Give The Key For Community Room To The Tenants . (ndl) (Entered: 11/12/1996)
11/12/1996 253 Appearance Of Interested Party Thelma Barros, President of Mandela Residents Cooperative Association, Inc. (ndl) (Entered: 11/12/1996)
11/12/1996 Endorsement Order Regarding [252-2] Motion To Compel Trustee To Give The Key For Community Room To The Tenants by Mandela Residents Cooperative Ass'n., Regarding [252-1] Motion To Prevent Trustee From Setting Up Computer Center Without Hearing And Approval Of The Court by Mandela Residents Cooperative Ass'n.. THIS IS NOT AN EMERGENCY. THERE IS NO C/S, THEREFORE I DECREE CLERK TO SEND COPY TO ATTY. MOORE. Entered on 11.12.96 (mnd) (Entered: 11/13/1996)
11/14/1996 Hearing Re: [252-1] Motion To Prevent Trustee From Setting Up Computer Center Without Hearing And Approval Of The Court by Mandela Residents Cooperative Ass'n. schd For 10:30 11/20/96 at Courtroom 4, [252-2] Motion To Compel Trustee To Give The Key For Community Room To The Tenants by Mandela Residents Cooperative Ass'n.. *TELEPHONIC NOTICE GIVEN 11/14/96. (mnd) (Entered: 11/14/1996)
11/18/1996 254 Objection By Trustee Stephen S. Gray To [252-2] Emergency Motion To Compel Trustee To Give The Key For Community Room To The Tenants by Mandela Residents Cooperative Ass'n., [252-1] Motion To Prevent Trustee From Setting Up Computer Center Without Hearing And Approval Of The Court by Mandela Residents Cooperative Ass'n. . c/s (mcm) (Entered: 11/18/1996)
11/19/1996 Endorsement Order Granting [238-1] Application For Allowence Of Compensation As Capital Need Appraiser. by On-Site Insite NO OPPOSITION FILED. FEE OF $9000.00 IS ALLOWED. Entered on 11/19/96 (mcm) (Entered: 11/19/1996)
11/19/1996 Endorsement Order Granting [239-1] Application For Allowence Of Compensation As Real Estate Appraiser. by Richard E. Bonz NO OPPOSITION FILED. FEE OF $5000.00 IS ALLOWED. Entered on 11/19/96 (mcm) (Entered: 11/19/1996)
11/20/1996 255 Kenner, J. Order Regarding [252-2] Motion To Compel Trustee To Give The Key For Community Room To The Tenants by Mandela Residents Cooperative Ass'n., Regarding [252-1] Motion To Prevent Trustee From Setting Up Computer Center Without Hearing And Approval Of The Court by Mandela Residents Cooperative Ass'n. THE TRUSTEE AND THELMA BARROS HAVE REACHED A MUTUALLY SATISFACTORY AGREEMENT. THE TRUSTEE IS ORDERED TO FILE A FIFTH STATUS REPORT ON OR BEFORE 1/17/97 AT 4:00 P.M. A STATUS CONFERENCE IS SCHEDULE FOR JANUARY 24, 1997 AT 9:30 A.M. Entered on 11/20/96 (mcm) (Entered: 11/20/1996)
11/20/1996 Hearing Held Re: [252-2] Motion To Compel Trustee To Give The Key For Community Room To The Tenants by Mandela Residents Cooperative Ass'n., [252-1] Motion To Prevent Trustee From Setting Up Computer Center Without Hearing And Approval Of The Court by Mandela Residents Cooperative Ass'n. . SEE ORDER (mcm) (Entered: 11/20/1996)
11/20/1996 256 Motion By Creditor Winter Hill Federal Savings Bank To Compel Trustee to Produce On-Site Insight Report . Exhibits and C/S Attached. (mcm) (Entered: 11/21/1996)
11/22/1996 257 Assented to Motion By Trustee Stephen S. Gray To Continue Hearing On: ( [202-1] Application For Compensation by FD Pietroski & Company ) . c/s (mcm) (Entered: 11/22/1996)
11/22/1996 Endorsement Order Granting [257-1] Motion To Continue Hearing On: ( [202-1] Application For Compensation by FD Pietroski & Company ) by Stephen S. Gray. ALLOWED. Entered on 11/22/96 (mcm) (Entered: 11/22/1996)
11/25/1996 Evidentiary Hearing Re: [202-1] Application For Compensation by FD Pietroski & Company cntd For 10:30 2/4/97 at Courtroom 4, (mem) (Entered: 11/25/1996)
11/26/1996 258 Notice of Appearance And Request For Service Of Notice By Joseph H Murphy for Appraiser FD Pietroski & Company. (mcm) (Entered: 11/26/1996)
12/02/1996 259 Certificate Of Service Of Notice of Hearing By Paul D. Moore for Trustee Stephen S. Gray Of [0-0] Hearing scheduled for 2/4/97 at 10:30 a.m., Re: [202-1] Application For Compensation by FD Pietroski & Company . (mnd) (Entered: 12/03/1996)
12/02/1996 260 Assented to Motion By Trustee Stephen S. Gray, Creditor Winter Hill Federal Savings Bank To Extend Time To Produce on-Site Report Until 12/6/96 . c/s (mcm) (Entered: 12/03/1996)
12/03/1996 Endorsement Order Granting [260-1] Motion To Extend Time To Produce on-Site Report Until 12/6/96 by Winter Hill Federal Savings Bank, Stephen S. Gray. ALLOWED. Entered on 12/3/96 (mcm) (Entered: 12/04/1996)
12/05/1996 261 Motion by Paul D. Moore for Trustee Stephen S. Gray For Authorization and Approval of Agreement with Dec Tam Corp. Exhibit "A" Attached. (mcm) (Entered: 12/05/1996)
12/05/1996 262 Motion by Trustee Stephen S. Gray For Ex Parte or Expedited Determination Re: [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore (mcm) (Entered: 12/05/1996)
12/05/1996 263 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [262-1] Motion For Ex Parte or Expedited Determination Re: [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore by Stephen S. Gray, [261-1] Motion For Authorization and Approvalof Agreement with Dec Tam Corp. by Paul D. Moore . (mcm) (Entered: 12/05/1996)
12/05/1996 264 Transcript of Hearing Held on 10/17/96 [228-1] Procedural Order Court Reporter: Mary Artesani (mcm) (Entered: 12/06/1996)
12/06/1996 265 Opposition Of Winter Hill Federal Savings Bank To [262-1] Trustee's Ex Parte Motion : [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore by Stephen S. Gray. C/S. (mnd) (Entered: 12/06/1996)
12/06/1996 266 Notice of Withdrawal by: Winter Hill Federal Savings Bank Of [256-1] Motion To Compel Trustee to Produce On-Site Insight Report by Winter Hill Federal Savings Bank C/S. (mnd) (Entered: 12/06/1996)
12/11/1996 Hearing Re: [262-1] Motion For Ex Parte or Expedited Determination Re: [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore by Stephen S. Gray, [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore Scheduled For 10:45 a.m. 12/17/96 at Courtroom 4, Boston. **TELEPHONE NOTICE GIVEN 12/10/96** (mcm) (Entered: 12/11/1996)
12/12/1996 267 Assented to Notice of Withdrawal by: Trustee Stephen S. Gray, Creditor Winter Hill Federal Savings Bank re: [265-1] Objection by Winter Hill Federal Savings Bank to Trustee ExParte Motion For Authorization and Approval of Agreement. c/s (mcm) (Entered: 12/12/1996)
12/12/1996 268 Notice of Hearing Paul D. Moore for Trustee Stephen S. Gray RE: [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore c/s (mcm) (Entered: 12/12/1996)
12/17/1996 Endorsement Order Granting [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore. ALLOWED. Entered on 12/17/96 (mcm) (Entered: 12/18/1996)
12/18/1996 269 Kenner, J. Order Regarding [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore . THE OBJECTION OF WINTER HILL FEDERAL SAVINGS BANK IS WITHDRAWN, NO OTHER OBJECTION WAS FILED. THE MOTION IS ALLOWED. Entered on 12/18/96 (mcm) (Entered: 12/19/1996)
12/18/1996 Hearing Held Re: [261-1] Motion For Authorization and Approval of Agreement with Dec Tam Corp. by Paul D. Moore . SEE ORDER (mcm) (Entered: 12/19/1996)
12/31/1996 270 Motion by Alphonse Mourad For Recusal. C/S. (mnd) (Entered: 01/02/1997)
01/02/1997 Endorsement Order Denying [270-1] Motion For Recusal. by Alphonse Mourad. DENIED WITHOUT PREJUDICE BECAUSE PLEADING IS UNSIGNED AND WAS NOT SERVED ON ALL CREDITORS. Entered on 1.2.97 (mnd) (Entered: 01/03/1997)
01/13/1997 271 Motion By Thelma Barros For Counsel Withdrawal of SAul A. Schapiro, The Attorney for the Boston Redevelopment Authority (BRA) on Grounds of Misrepresentation in Courts of Law , also To Compel the BRA to Give the Two Million Dollars in seed Funds that was promised to the Mandela Residents Cooperative Association, Inc. flor the Pupose of a Limited Equity Cooperative and for the Preservation of Affordable Housing Exhibits and C/S (mcm) (Entered: 01/13/1997)
01/14/1997 272 Motion by Alphonse Mourad For Recusal c/s (mcm) (Entered: 01/14/1997)
01/15/1997 273 Motion By Thelma Barros To Compel Trustee to Give the Keys for Community Room to the Residents . c/s (mcm) (Entered: 01/15/1997)
01/17/1997 274 Fifth Interim Report of The Chapter 11 Trustee Stephen S. Gray. Exhibits attached. C/S. (ndl) (Entered: 01/17/1997)
01/22/1997 275 Motion By Mandela Residents Cooperative Ass'n. For Sanctions Against The Boston Redevelopment Authority . c/s Exhibits Attached. (mcm) (Entered: 01/23/1997)
01/23/1997 276 Objection By Trustee Stephen S. Gray To [273-1] Motion To Compel Trustee to Give the Keys for Community Room to the Residents by Thelma Barros . c/s (mcm) (Entered: 01/23/1997)
01/23/1997 277 Objection By Trustee Stephen S. Gray To [272-1] Motion For Recusal by Alphonse Mourad . c/s (mcm) (Entered: 01/23/1997)
01/23/1997 278 Objection By Creditor Boston Redevelopment Authority To [271-1] Motion For Counsel Withdrawal of Saul A. Schapiro, The Attorney for the Boston Redevelopment Authority (BRA) on Grounds of Misrepresentation in Courts of Law by Thelma Barros, [271-2] Motion To Compel the BRA to Give the Two Million Dollars in seed Funds that was promised to the Mandela Residents Cooperative Association, Inc. flor the Pupose of a Limited Equity Cooperative and for the Preservation of Affordable Housing by Thelma Barros . (mcm) (Entered: 01/23/1997)
01/23/1997 279 Memorandum By Saul A. Schapiro for Creditor Boston Redevelopment Authority In Support Of [278-1] Objection by Boston Redevelopment Authority . Exhibits Attached. (mcm) (Entered: 01/23/1997)
01/23/1997 280 Certificate Of Service By Saul A. Schapiro for Creditor Boston Redevelopment Authority Of [279-1] Support Brief/Memorandum by Saul A. Schapiro, [278-1] Objection by Boston Redevelopment Authority . (mcm) (Entered: 01/23/1997)
01/23/1997 287 Notice of Appearance And Request For Service Of Notice By William R. Baldiga for Creditor United South End/Lower Roxbury Developme. (ma) (Entered: 01/27/1997)
01/24/1997 281 Verified Motion By Alphonse Mourad For Relief from 4/1/96 [120-1] Order Appointing Trustee Exhibits and C/S attached (mcm) (Entered: 01/24/1997)
01/24/1997 282 Memorandum of Decision Issued by: Kenner, J. Re: [240-1] Motion To Compel Trustee To Accept Purchase Offer. by Mourad, Owens & Associates. AN ENTITY KNOWN AS MOURAD, OWENS & ASSOCIATES (THE "MOVANT") HAS MOVED FOR AN ORDER COMPELLING THE CHAPTER 11 TRUSTEE TO ACCEPT THE MOVANT'S OFFER TO PURCHASE THE DEBTOR'S REAL ESTATE. THE COURT WILL DENY THE MOTION BECAUSE THE DECISION TO ACCEPT OR REJECT SUCH AN OFFER IS AN ADMINISTRATIVE ONE THAT, UNDER SEC. 1106(a) AND 1108 OF THE BANKRUPTCY CODE, IS ENTRUSTED TO THE TRUSTEE, NOT TO THE COURT. THE COURT MAY REVIEW THE TRUSTEE'S ADMINISTRATIVE DECISIONS ONLY FOR ABUSE OF DISCRETION. NO ABUSE OF DISCRETION HAS BEEN ALLEGED; AND, IN VIEW OF WHAT THE COURT HAS LEARNED FROM THE STATUS CONFERENCES AND OTHER HEARINGS IN THIS CASE, NONE IS EVIDENT. TO THE CONTRARY, THE TRUSTEE'S DECISION APPEARS QUITE SOUND. MOVEOVER, THE MOVANT IS NOT A CREDITOR OF THE ESTATE AND THEREFORE HAS NO STANDING EVEN TO CHALLENGE THE TRUSTEE'S JUDGMENT; AND THE CERTIFICATE OF SERVICE ACCOMPANYING THE MOTION IS NOT SIGNED. A SEPARATE ORDER WILL ENTER DENYING THE MOTION. (mcm) (Entered: 01/24/1997)
01/24/1997 283 Kenner, J. Order Denying [240-1] Motion To Compel Trustee To Accept Purchase Offer. by Mourad, Owens & Associates. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF MOURAD, OWENS & ASSOCIATES TO COMPEL TRUSTEE TO ACCEPT PURCHASE OFFER IS HEREBY DENIED. Entered on 1/24/97 (mcm) (Entered: 01/24/1997)
01/24/1997 284 Memorandum Of Decision Issued by: Kenner, J. Re: [241-1] Motion To Prevent Trustee From Assuming Or Extending HAP Contract Without Notice, Hearing And Approval of Court by Mourad, Owens & Associates, [241-2] Motion To Compel Trustee to Pursue Claim Against HUD. by Mourad, Owens & Associates. AN ENTITY KNOWN AS MOURAD, OWENS & ASSOCIATES HAS FILED A MOTION TO PREVENT TRUSTEE FROM ASSUMING OR EXTENDING HAP CONTRACT WITHOUT NOTICE, HEARING AND APPROVAL OF THE COURT AND TO COMPEL TRUSTEE TO PURSUE CLAIM AGAINST HUD IS HEREBY DENIED. THE COURT WILL DENY THE MOTION FOR LACK OF STANDING; THE MOVANT IS NOT A CREDITOR OF THIS ESTATE AND HAS NEITHER DEMONSTRATED NOR ASSERTED ANY INTEREST IN THE SUBJECT MATTER OF THE MOTION. INSOFAR S THE MOTION SEEKS INJUNCTIVE RELIEF AGAINST HUD, IT WILL ALSO BE DENIED FOR IMPROPER PROCEDURE (F.R.BANKR.P.7001 REQUIRES THAT A PROCEEDING FOR INJUNCTIVE RELIEF BE BROUGHT UNDER THE RULES OF PART VII OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE) AND FOR LACK OF PERSONAL JURISDICTION OVER HUD (NO SUMMONS HAVING BEEN REQUESTED OR SERVED). A SEPARATE ORDER WILL ENTER DENYING THE MOTION. (mcm) (Entered: 01/24/1997)
01/24/1997 285 Kenner, J. Order Denying [241-1] Motion To Prevent Trustee From Assuming Or Extending HAP Contract Without Notice, Hearing And Approval of Court by Mourad, Owens & Associates, [241-2] Motion To Compel Trustee to Pursue Claim Against HUD. by Mourad, Owens & Associates. FOR THE REASONS SET FORTH IN A SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF MOURAD, OWENS & ASSOCIATES TO PREVENT TRUSTEE FROM ASSUMING OR EXTENDING HAP CONTRACT WITHOUT NOTICE, HEARING AND APPROVAL OF THE COURT AND TO COMPEL TRUSTEE TO PURSUE CLAIM AGAINST HUD IS HEREBY DENIED. Entered on 1/24/97 (mcm) (Entered: 01/24/1997)
01/24/1997 286 Kenner, J. Order RE: Status Conference. STATUS CONFERENCE HELD. Entered on 1/24/97 (mcm) (Entered: 01/24/1997)
01/24/1997 Hearing Held Re: Status Conference. (mcm) (Entered: 01/24/1997)
01/27/1997 289 Kenner, J. Order Denying [272-1] Motion For Recusal by Alphonse Mourad FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF ALPHONSE MOURAD FOR RECUSAL IS HEREBY DENIED. . Entered on 1/27/97 (mcm) (Entered: 01/28/1997)
01/27/1997 290 Memorandum of Decision Issued by: Kenner, J. Re: [273-1] Motion To Compel Trustee to Give the Keys for Community Room to the Residents by Thelma Barros A SEPARATE ORDER WILL ENTER DENYING THE MOTION. ***SEE MEMORANDUM OF DECISION DOC. #290 FOR COMPLETE TEXT*** (mcm) (Entered: 01/28/1997)
01/27/1997 291 Kenner, J. Order Denying [273-1] Motion To Compel Trustee to Give the Keys for Community Room to the Residents by Thelma Barros . FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF MANDELA RESIDENTS COOPERATIVE ASSOCIATION TO COMPEL TRUSTEE TO GIVE KEY TO THE COMMUNITY ROOM TO THE RESIDENTS IS HEREBY DENIED. Entered on 1/27/97 (mcm) (Entered: 01/28/1997)
01/28/1997 292 Objection By Creditor Boston Redevelopment Authority To [272-1] Motion For Recusal by Alphonse Mourad . (mcm) (Entered: 01/29/1997)
01/28/1997 293 Memorandum By Saul A. Schapiro for Creditor Boston Redevelopment Authority In Support Of [292-1] Objection by Boston Redevelopment Authority . (mcm) (Entered: 01/29/1997)
01/28/1997 294 Certificate Of Service By Saul A. Schapiro for Creditor Boston Redevelopment Authority Of [293-1] Support Memorandum by Saul A. Schapiro, [292-1] Objection by Boston Redevelopment Authority . (mcm) (Entered: 01/29/1997)
01/29/1997 295 Motion By Creditor Edmund I. Shamsi Pres. of Shamir Const. To Compel Trustee to Produce On-Site Insight Report . c/s (mcm) (Entered: 01/30/1997)
01/30/1997 296 Motion by Paul D. Moore for Trustee Stephen S. Gray For Order Authorizing Chapter 11 Trustee to Expand the Scope of his Renention of Bonz Co., Inc. Nunc Pro Tunc to 1/15/97. Re: [218-1] Application To Employ Bonz & Co., Inc. as Real Estate Appraiser by Stephen S. Gray c/s (mcm) (Entered: 01/30/1997)
01/30/1997 297 Objection By Creditor Boston Redevelopment Authority To [275-1] Motion For Sanctions Against The Boston Redevelopment Authority by Mandela Residents Cooperative Ass'n. . (mcm) (Entered: 01/31/1997)
01/30/1997 298 Objection By Creditor Boston Redevelopment Authority To [281-1] Verified Motion For Relief from 4/1/96 [120-1] Order Appointing Trustee by Alphonse Mourad . (mcm) (Entered: 01/31/1997)
01/30/1997 299 Certificate Of Service By Saul A. Schapiro for Creditor Boston Redevelopment Authority Of [298-1] Objection by Boston Redevelopment Authority, [297-1] Objection by Boston Redevelopment Authority . (mcm) (Entered: 01/31/1997)
01/31/1997 300 Urgent Motion By Interested Party Alphonse Mourad To Strike [287-1] The Appearance and Disquality Brown, Rudnick, Freed & Gesmer from Appearing for UDC and TCB . c/s (mcm) (Entered: 01/31/1997)
01/31/1997 301 Urgent Motion by Interested Party Alphonse Mourad To Bar Trustee from Negotiating with United South End/Lower Roxbury Development Corp Exhibits and C/S Attached (mcm) (Entered: 01/31/1997)
01/31/1997 Endorsement Order Denying [300-1] Motion To Strike [287-1] The Appearance and Disquality Brown, Rudnick, Freed & Gesmer from Appearing for UDC and TCB by Alphonse Mourad. TO THE EXTENT THIS MOTION SEEKS EMERGENCY TREATMENT, IT IS DENIED. Entered on 1/31/97 (mcm) (Entered: 01/31/1997)
01/31/1997 Endorsement Order Denying [301-1] Motion To Bar Trustee from Negotiating with United South End/Lower Roxbury Development Corp by Alphonse Mourad. THE REQUEST FOR EMERGENCY OR URGENT TREATMENT IS DENIED. Entered on 1/31/97 (mcm) (Entered: 01/31/1997)
01/31/1997 302 Objection By Trustee Stephen S. Gray To [281-1] Motion For Relief from 4/1/96 [120-1] Order Appointing Trustee by Alphonse Mourad . c/s (mcm) (Entered: 02/03/1997)
02/03/1997 303 Memorandum Of Decision Issued by: Kenner, J. Re: [271-1] Motion For Counsel Withdrawal of SAul A. Schapiro, The Attorney for the Boston Redevelopment Authority (BRA) on Grounds of Misrepresentation in Courts of Law by Thelma Barros ***SEE MEMORANDUM OF DECISION DOC. #303 FOR COMPLETE TEXT*** (mcm) (Entered: 02/03/1997)
02/03/1997 304 Kenner, J. Order Denying [271-1] Motion For Counsel Withdrawal of Saul A. Schapiro, The Attorney for the Boston Redevelopment Authority (BRA) on Grounds of Misrepresentation in Courts of Law by Thelma Barros. THE MOTION FOR COUNSEL WITHDRAWAL OF SAUL A. SCHAPIRO IS DENIED. Entered on 2/3/97 (mcm) (Entered: 02/03/1997)
02/03/1997 305 Memorandum Of Decision Issued by: Kenner, J. Re: [275-1] Motion For Sanctions Against The Boston Redevelopment Authority by Mandela Residents Cooperative Ass'n. **SEE MEMORANDUM OF DECISION DOC. #305 FOR COMPLETE TEXT** (mcm) (Entered: 02/04/1997)
02/03/1997 306 Kenner, J. Order Denying [275-1] Motion For Sanctions Against The Boston Redevelopment Authority by Mandela Residents Cooperative Ass'n. THE MOTION FOR SANCTIONS AGAINST THE BRA IS DENIED. Entered on 2/3/97 (mcm) (Entered: 02/04/1997)
02/03/1997 307 Objection By Trustee Stephen S. Gray To [295-1] Motion To Compel Trustee to Produce On-Site Insight Report by Edmund I. Shamsi Pres. of Shamir Const. . c/s (mcm) (Entered: 02/04/1997)
02/04/1997 Endorsement Order Denying [202-1] Application For Compensation by FD Pietroski & Company. DENIED FOR REASONS STATED ON THE RECORD. Entered on 2/4/97' (mcm) (Entered: 02/05/1997)
02/04/1997 308 Kenner, J. Order Denying [202-1] Application For Compensation by FD Pietroski & Company. EVIDENTIARY HEARING HELD. THE COURT DENIED THE REQUEST FOR PAYMENT OF PROFESSIONAL SERVICES PROVIDED BY F.D. PIETROSKI FOR THE REASONS STATED ON THE RECORD. Entered on 2/4/97 (mcm) (Entered: 02/05/1997)
02/04/1997 Hearing Held Re: [202-1] Application For Compensation by FD Pietroski & Company . SEE ORDER. (mcm) (Entered: 02/05/1997)
02/05/1997 309 Oppostion By Trustee Stephen S. Gray To [301-1] Urgent Motion To Bar Trustee from Negotiating with United South End/Lower Roxbury Development Corp by Alphonse Mourad . (mcm) (Entered: 02/05/1997)
02/05/1997 309 Cross-Motion By Trustee Stephen S. Gray For Sanctions . (mcm) (Entered: 02/05/1997)
02/05/1997 310 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [309-1] Objection by Stephen S. Gray, [309-1] Cross-Motion For Sanctions by Stephen S. Gray . (mcm) (Entered: 02/05/1997)
02/05/1997 311 Memorandum Of Decision Issued by: Kenner, J. Re: [281-1] Verified Motion For Relief from 4/1/96 [120-1] Order Appointing Trustee by Alphonse Mourad A SEPARATE ORDER WILL ENTER DENYING THE MOTION. **SEE MEMORANDUM OF DECISION DOC. #311 FOR COMPLETE TEXT** (mcm) (Entered: 02/06/1997)
02/05/1997 313 Kenner, J. Order Denying [281-1] Verified Motion For Relief from 4/1/96 [120-1] Order Appointing Trustee by Alphonse Mourad. ALPHONSE MOURAD'S VERIFIED MOTION FOR RELIEF FROM APRIL 1, 1996 ORDER IS DENIED. Entered on 2/5/97 (mcm) (Entered: 02/10/1997)
02/06/1997 312 Transcript of Hearing Held on 1/24/97 [228-1] Procedural Order for Status Conference Court Reporter: Mary Artesani (mcm) (Entered: 02/07/1997)
02/07/1997 Complaint (97-1156) Stephen S. Gray vs. Winter Hill Federal Savings Bank . NOS 435 Validity/Priority/Extent Lien . ( Filing Fee $ 150.00 Receipt # ) (kpm) (Entered: 02/07/1997)
02/10/1997 314 Motion by Alphonse Mourad To Disqualify and Enjoin Winn Development From Negotiating With or Submitting Bid for Property to Trustee Exhibits and C/S Atttached. (mcm) (Entered: 02/10/1997)
02/10/1997 315 Objection By Creditor United South End/Lower Roxbury Developme To [300-1] Motion To Strike [287-1] The Appearance and Disquality Brown, Rudnick, Freed & Gesmer from Appearing for UDC and TCB by Alphonse Mourad . c/s (mcm) (Entered: 02/10/1997)
02/10/1997 315 Motion By Creditor United South End/Lower Roxbury Developme Cross Motion For Sanctions Against Alphonse Mourad . c/s (mcm) (Entered: 02/10/1997)
02/10/1997 316 Memorandum Of Decision Issued by: Kener, J. Re: [301-1] Urgent Motion To Bar Trustee from Negotiating with United South End/Lower Roxbury Development Corp by Alphonse Mourad ***SEE MEMORANDUM OF DECISION DOC. #316 FOR COMPLETE TEXT*** (mcm) (Entered: 02/11/1997)
02/10/1997 317 Kenner,J. Order Denying [301-1] Urgent Motion To Bar Trustee from Negotiating with United South End/Lower Roxbury Development Corp by Alphonse Mourad. THE MOTION OF ALPHONSE MOURAD AND THE DEBTOR ENTITLED "URGENT MOTION TO BAR TRUSTEE FROM NEGOTIATING WITH UNITED SOUTH END/LOWER ROXBURY DEVELOPMENT CORP." IS DENIED. Entered on 2/10/97 (mcm) (Entered: 02/11/1997)
02/11/1997 318 Term Sheet signed by United South End/Lower Roxbury Development, Stephen S. Gray and The Community Builders. Inc. **Attached to Document #319 as Exhibit "A". (mcm) (Entered: 02/12/1997)
02/11/1997 319 Motion to Authorize Execution of Term Sheet and Related Payment of BReak-up-Fee By Paul D. Moore For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. c/s. (mcm) (Entered: 02/12/1997)
02/11/1997 320 Notice of Support by Saul A. Schapiro for Creditor Boston Redevelopment Authority [319-1] Motion to Authorize Execution Of[318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore Exhibit "A" Attached c/s (mcm) (Entered: 02/12/1997)
02/13/1997 321 Motion by Interested Party Alphonse Mourad To Correct Court's April 1, 1996 Findings and Conclusions Exhibits Attached. (mcm) (Entered: 02/14/1997)
02/13/1997 322 Motion By Interested Party Alphonse Mourad To Reconsider 2/5/97 Denial of His Motion for Relief from 4/1/96 Order [313-1] . (mcm) (Entered: 02/14/1997)
02/13/1997 323 Motion by Interested Party Alphonse Mourad in 96-10123 To Clarify Mourad's Standing to Represent V & M Management, Inc. c/s (mcm) (Entered: 02/14/1997)
02/13/1997 324 Mourad's Motion to Reply By Interested Party Alphonse Mourad To [298-1] Objection to his Motion for Relief frofm 4/1/96 by Boston Redevelopment Authority . (mcm) (Entered: 02/14/1997)
02/13/1997 325 Motion By Interested Party Alphonse Mourad For Change Of Venue , or Reassignment of Case to Another Judge (mcm) (Entered: 02/14/1997)
02/13/1997 326 Certificate Of Service By Interested Party Alphonse Mourad Of [325-2] Motion Reassignment of Case to Another Judge by Alphonse Mourad, [325-1] Motion For Change Of Venue by Alphonse Mourad, [324-1] Response by Alphonse Mourad, [323-1] Motion To Clarify Mourad's Standing to Represent V & M Management, Inc. by Alphonse Mourad, [322-1] Motion To Reconsider 2/3/97 Denial of His Motion for Relief from 4/1/96 Order [313-1] by Alphonse Mourad, [321-1] Motion To Correct Court's April 1, 1996 Findings and Conclusions by Alphonse Mourad . (mcm) (Entered: 02/14/1997)
02/13/1997 327 Motion By Interested Party Alphonse Mourad For Hearing Re: [325-2] Motion Reassignment of Case to Another Judge by Alphonse Mourad, [325-1] Motion For Change Of Venue by Alphonse Mourad, [324-1] Response by Alphonse Mourad, [323-1] Motion To Clarify Mourad's Standing to Represent V & M Management, Inc. by Alphonse Mourad, [322-1] Motion To Reconsider 2/3/97 Denial of His Motion for Relief from 4/1/96 Order [313-1] by Alphonse Mourad, [321-1] Motion To Correct Court's April 1, 1996 Findings and Conclusions by Alphonse Mourad (mcm) (Entered: 02/14/1997)
02/13/1997 328 Notice of Limited Apearance of Arthur H. Goldsmith to Argue Five Motions for Alphonse Mourad [325-2] Motion Reassignment of Case to Another Judge by Alphonse Mourad, [325-1] Motion For Change Of Venue by Alphonse Mourad, [324-1] Response by Alphonse Mourad, [323-1] Motion To Clarify Mourad's Standing to Represent V & M Management, Inc. by Alphonse Mourad, [322-1] Motion To Reconsider 2/3/97 Denial of His Motion for Relief from 4/1/96 Order [313-1] by Alphonse Mourad, [321-1] Motion To Correct Court's April 1, 1996 Findings and Conclusions by Alphonse Mourad (mcm) (Entered: 02/14/1997)
02/13/1997 329 Notice Of Appeal By Alphonse Mourad Appellant Designation Due: 4:00 2/24/97 ; Compiled Records Due by 4:00 3/10/97 Transmission Due: 4:00 3/17/97 RE: [313-1] Order dated 2/5/97. (mcm) (Entered: 02/14/1997)
02/14/1997 330 Notice of Filing of Appeal to Bankruptcy Appellate Panel Re: [329-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 02/14/1997)
02/14/1997 331 Filing Fee Not Paid re: [329-1] Notice Appeal by Alphonse Mourad Fee due on 4:00 2/24/97 (mcm) (Entered: 02/14/1997)
02/14/1997 332 Transmission of Docket and Copy to Bap OF: [142-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 02/14/1997)
02/14/1997 333 Notice of Opposition By Creditor Winter Hill Federal Savings Bank To [319-1] Motion to Authorize Execution Of [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore . c/s (mcm) (Entered: 02/14/1997)
02/14/1997 334 Notice of Appearance And Request For Service Of Notice By Constantine Papademetriou for Creditor City of Boston, The, Creditor City of Boston. (mcm) (Entered: 02/14/1997)
02/18/1997 Endorsement Order Allowing [296-1] Motion For Order Authorizing Chapter 11 Trustee to Expand the Scope of his Renention of Bonz Co., Inc. Nunc Pro Tunc to 1/15/97. Re: [218-1] Application To Employ Bonz & Co., Inc. as Real Estate Appraiser by Stephen S. Gray by Paul D. Moore NO OBJECTION FILED. ALLOWED. Entered on 2/18/97 (mcm) (Entered: 02/19/1997)
02/18/1997 336 Transcript of Hearing Held on 2/4/97 RE: [202-1] Application For Compensation by FD Pietroski & Company Court Reporter: Mary Artesani (mcm) (Entered: 02/19/1997)
02/19/1997 335 Objection By Creditor Winter Hill Federal Savings Bank To [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore . c/s (mcm) (Entered: 02/19/1997)
02/19/1997 337 Objection By Alphonse Mourad To [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore . c/s Exhibits Attached. (mcm) (Entered: 02/20/1997)
02/20/1997 338 Objection By Creditor Edmund Shamsi and Shamir Corp. To [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore . c/s (mcm) (Entered: 02/20/1997)
02/20/1997 339 Objection By Trustee Stephen S. Gray To [321-1] Motion To Correct Court's April 1, 1996 Findings and Conclusions by Alphonse Mourad . (mcm) (Entered: 02/20/1997)
02/20/1997 340 Objection By Trustee Stephen S. Gray To [325-1] Motion For Change Of Venue by Alphonse Mourad, [325-2] Motion Reassignment of Case to Another Judge by Alphonse Mourad . (mcm) (Entered: 02/20/1997)
02/20/1997 341 Objection By Trustee Stephen S. Gray To [323-1] Motion To Clarify Mourad's Standing to Represent V & M Management, Inc. by Alphonse Mourad . (mcm) (Entered: 02/20/1997)
02/20/1997 342 Objection By Trustee Stephen S. Gray To [322-1] Motion To Reconsider 2/3/97 Denial of His Motion for Relief from 4/1/96 Order [313-1] by Alphonse Mourad . (mcm) (Entered: 02/20/1997)
02/20/1997 343 Motion By Trustee Stephen S. Gray To Strike [328-1] Notice of Limited Appearance of Arthur H. Goldsmith to Argue Five Motions for Alphonse Mourad . (mcm) (Entered: 02/20/1997)
02/20/1997 344 Certificate Of Service By Kerry S. Kehoe for Trustee Stephen GraY Of [343-1] Motion To Strike [328-1] Notice of Limited Appearance of Arthur H. Goldsmith to Argue Five Motions for Alphonse Mourad by Stephen S. Gray, [342-1] Objection by Stephen S. Gray, [341-1] Objection by Stephen S. Gray, [340-1] Objection by Stephen S. Gray, [339-1] Objection by Stephen S. Gray . (mcm) (Entered: 02/20/1997)
02/20/1997 345 FIRST Interim Application Of Stephen S. Gray, Chapter 11 Trustee For Compensation And Reimbursement of Expenses . Exhibits 1, 2, 3, 4 attached. (plc) (Entered: 02/21/1997)
02/20/1997 346 Interim Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee . (plc) (Entered: 02/21/1997)
02/20/1997 347 Choate, Hall & Stewart's First Interim Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee . Exhibits A, B, C, D, E and F attached. (plc) (Entered: 02/21/1997)
02/20/1997 348 Certificate Of Service REF: [347-1] Choate, Hall & Stewart's First Interim Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore . (plc) (Entered: 02/21/1997)
02/21/1997 349 Thelma Barros' Reply To The [297-1] Opposition (by Boston Redevelopment Authority) To [275-1] Motion For Sanctions Against The Boston Redevelopment Authority by Mandela Residents Cooperative Ass'n. . C/S. (mnd) (Entered: 02/21/1997)
02/21/1997 350 Memorandum of Decision Issued by: Kenner, J. Re: [300-1] Motion To Strike [287-1] The Appearance and Disquality Brown, Rudnick, Freed & Gesmer from Appearing for UDC and TCB by Alphonse Mourad. ***SEE MEMORANDUM OF DECISION DOC. #350 FOR COMPLETE TEXT*** (mcm) (Entered: 02/24/1997)
02/21/1997 351 Kenner, J. Order Denying [300-1] Motion To Strike [287-1] The Appearance and Disquality Brown, Rudnick, Freed & Gesmer from Appearing for UDC and TCB by Alphonse Mourad. THE MOTION OF ALPHONSE MOURAD AND THE DEBTOR ENTITLED "URGENT MOTION TO STRIKE THE APPEARANCE OF AND DISQUALIFY BROWN, RUDNICK, FREED & GESMER FROM APPEARING FOR UDC AND TCB" IS DENIED. Entered on 2/21/97 (mcm) (Entered: 02/24/1997)
02/24/1997 352 Memorandum of Decision Issued by: Kenner, J. Re: [321-1] Motion To Correct Court's April 1, 1996 Findings and Conclusions by Alphonse Mourad ***SEE MEMORANDUM OF DECISION DOC. #352 FOR COMPLETE TEXT*** (mcm) (Entered: 02/24/1997)
02/24/1997 353 Kenner, J. Order Denying [321-1] Motion To Correct Court's April 1, 1996 Findings and Conclusions by Alphonse Mourad. THE MOTION TO CORRECT COURT'S APRIL 1, 1996 FINDINGS AND CONCLUSIONS IS DENIED. Entered on 2/24/97 (mcm) (Entered: 02/24/1997)
02/24/1997 354 Kenner, J. Order Denying [322-1] Motion To Reconsider 2/5/97 Denial of His Motion for Relief from 4/1/96 Order [313-1] by Alphonse Mourad. MOURAD'S MOTION TO RECONSIDER 2/5/97 DENIAL OF HIS MOTION FOR RELEIF FROM APRIL 1, 1996 ORDER IS DENIED FOR THE SAME REASONS AS THOSE SET FORTH IN THIS COURT'S MEMORANDUM ISSUED TODAY IN CONNECTION WITH MOURAD'S MOTION TO CORRECT COURT'S APRIL 1, 1996 FINDINGS. Entered on 2/24/97 (mcm) (Entered: 02/24/1997)
02/24/1997 Endorsement Order Mooting [343-1] Motion To Strike [328-1] Notice of Limited Appearance of Arthur H. Goldsmith to Argue Five Motions for Alphonse Mourad by Stephen S. Gray MOOT. NO HEARINGS ARE NECESSARY. SEE MEMO ISSUED TODAY. Entered on 2/24/97 (mcm) (Entered: 02/24/1997)
02/24/1997 355 Memorandum Of Decision Issued by: Kenner, J. Re: [343-1] Motion To Strike [328-1] Notice of Limited Appearance of Arthur H. Goldsmith to Argue Five Motions for Alphonse Mourad by Stephen S. Gray. ALPHONSE MOURAD, THE DEBTOR'S STOCKHOLDER, FILED ON FEBRUARY 13, 1997 FIVE MOTIONS WHICH MERELY RE-ARGUE AND REHASH PREVIOUSLY FILED -- AND DENIED -- BY THIS COUFRT. NO HEARING IS NECESSARY. A SEPARATE ORDER WILL ENTER. (mcm) (Entered: 02/24/1997)
02/24/1997 356 Kenner, J. Order Denying [343-1] Motion To Strike [328-1] Notice of Limited Appearance of Arthur H. Goldsmith to Argue Five Motions for Alphonse Mourad by Stephen S. Gray. THE ABOVE-CAPTIONED MOTION IS DENIED. Entered on 2/24/97 (mcm) (Entered: 02/24/1997)
02/24/1997 Endorsement Order Mooting [324-1] Mourad's Motion to Reply to BRA'S opposition to his Motion for Relief from 4/1/96 order by Alphonse Mourad. MOOT. SEE ORDER AND MEMO ISSUED 2/5/97. Entered on 2/24/97 (mcm) (Entered: 02/24/1997)
02/24/1997 357 Filing Fee Paid Re: Amount: $ 105.00 [331-1] Not Paid Fee (mcm) (Entered: 02/25/1997)
02/24/1997 358 Objection By Hanify & King To [323-1] Motion To Clarify Mourad's Standing to Represent V & M Management, Inc. by Alphonse Mourad . c/s (mcm) (Entered: 02/25/1997)
02/25/1997 359 Amended [329-1] Notice Appeal . Filed By: Alphonse Mourad (mcm) (Entered: 02/25/1997)
02/25/1997 360 Notice of Docketing Record on Appeal RE: [329-1] Notice Appeal by Alphonse Mourad (Bap Docket #MBI7-008) (mcm) (Entered: 02/25/1997)
02/25/1997 361 Opposition By Creditor Tanios W. Choueiri To [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore . c/s (mcm) (Entered: 02/25/1997)
02/25/1997 362 Addendum to Record on Appeal [329-1] Notice Appeal by Alphonse Mourad transmitted to bap (Corrected Notice of Appeal) (mcm) (Entered: 02/25/1997)
02/25/1997 363 BRA"S Notice by Creditor Boston Redevelopment Authority of Support of Trustee's [343-1] Motion To Strike [328-1] Notice of Limited Appearance of Arthur H. Goldsmith to Argue Five Motions for Alphonse Mourad by Stephen S. Gray, [328-1] Notice (mcm) (Entered: 02/26/1997)
02/25/1997 364 Objection By Creditor Boston Redevelopment Authority To [325-2] Motion Reassignment of Case to Another Judge by Alphonse Mourad, [325-1] Motion For Change Of Venue by Alphonse Mourad . (mcm) (Entered: 02/26/1997)
02/25/1997 365 Objection By Creditor Boston Redevelopment Authority To [322-1] Motion To Reconsider 2/5/97 Denial of His Motion for Relief from 4/1/96 Order [313-1] by Alphonse Mourad . (mcm) (Entered: 02/26/1997)
02/25/1997 366 Objection By Creditor Boston Redevelopment Authority To [321-1] Motion To Correct Court's April 1, 1996 Findings and Conclusions by Alphonse Mourad . (mcm) (Entered: 02/26/1997)
02/25/1997 367 Objection By Creditor Boston Redevelopment Authority To [323-1] Motion To Clarify Mourad's Standing to Represent V & M Management, Inc. by Alphonse Mourad . (mcm) (Entered: 02/26/1997)
02/25/1997 368 Certificate Of Service By Nina Lempert Of [367-1] Objection by Boston Redevelopment Authority, [366-1] Objection by Boston Redevelopment Authority, [365-1] Objection by Boston Redevelopment Authority, [364-1] Objection by Boston Redevelopment Authority, [363-1] Notice by Boston Redevelopment Authority . (mcm) (Entered: 02/26/1997)
02/25/1997 398 Kenner J. Memorandum And Order Granting Trustee's [382-1] Motion For Continued Authority To Use Alleged Cash Collateral. See Memorandum and Order for Complete text. (mnd) (Entered: 03/26/1997)
02/27/1997 369 Joint Objection By Creditor Doris Mourad, Creditor Habib Mourad, Creditor Noha Simon, Creditor Alphonse Simon To [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore . c/s (mcm) (Entered: 02/27/1997)
02/27/1997 370 Opposition By Creditor Winter Hill Federal Savings Bank To [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore, [346-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey, [345-1] Application For Compensation And Reimbursement of Expenses by Stephen S. Gray . c/s (mcm) (Entered: 02/27/1997)
02/28/1997 371 Receipt of Notice of Appeal by Bankruptcy Appellate Panel re: [359-1] Amended Notice of Appeal by Alphonse Mourad BAP Dkt #: MB97-008 (mcm) (Entered: 03/03/1997)
02/28/1997 372 Application By Harold B. Murphy and Hanify & King, P.D. For Compensation as Counsel to the Debtor . c/s (mcm) (Entered: 03/03/1997)
02/28/1997 373 Affidavit of Edmund I. Shamsi In Support of [338-1] Objection by Edmund Shamsi and Shamir Corp. Exhibit and C/S attached (mcm) (Entered: 03/03/1997)
03/03/1997 Hearing Re: [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore schd For 10:30 3/25/97 at Courtroom 4, (ma) (Entered: 03/03/1997)
03/03/1997 374 Kenner, J. Memorandum Of Decision in Connection With Order Denying [323-1] Motion To Clarify Mourad's Standing to Represent V M Management, Inc. by Alphonse Mourad A SEPARATE ORDER DENYING THE MOTION WILL ENTER. ***SEE MEMORANDUM OF DECIISON DOC. #374 FOR COMPLETE TEXT*** (mcm) (Entered: 03/04/1997)
03/03/1997 375 Kenner, J. Order Denying [323-1] Motion To Clarify Mourad's Standing to Represent V & M Management, Inc. by Alphonse Mourad . THE MOTION TO CLARIFY MOURAD'S STANDING TO REPRESENT V & M MANAGEMENT, INC. IS DENIED FOR THE REASONS STATED IN THE MEMORANDUM ISSUED TODAY. Entered on 3/3/97 (mcm) (Entered: 03/04/1997)
03/04/1997 376 Amended [329-1] Notice Appeal . Filed By: Interested Party Alphonse Mourad c/s (mcm) (Entered: 03/04/1997)
03/04/1997 377 Motion by Interested Party Alphonse Mourad To Consolidate Appeal c/s (mcm) (Entered: 03/04/1997)
03/05/1997 Endorsement Order Regarding [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy THE COURT WILL RULE ON FEES AT THE HEARING ON CONFIRMATION. Entered on 3/5/97 (mcm) (Entered: 03/06/1997)
03/06/1997 379 Addendum to Record on Appeal [329-1] Notice Appeal by Alphonse Mourad transmitted to bap Transmitted Amended Notice of Appeal, and Motion to Consolidate Appeal. (mcm) (Entered: 03/06/1997)
03/06/1997 378 Notice of Filing of Appeal to Bankruptcy Appellate Panel Re: [376-1] Amended Notice of Appeal by Alphonse Mourad (mcm) (Entered: 03/06/1997)
03/06/1997 380 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [0-0] Hearing, [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore . (mcm) (Entered: 03/07/1997)
03/06/1997 381 Application By Examiner Alan L. Braunstein For Compensation . c/s (mcm) (Entered: 03/07/1997)
03/11/1997 382 Trustee's Motion For Continued Authority To Use Alleged Cash Collateral . Exhibits A-C attached. C/S. (mnd) (Entered: 03/12/1997)
03/13/1997 383 Receipt of Notice of Appeal by Bankruptcy Appellate Panel re: [379-1] Transmission Addendum BAP Dkt #: MB97-008 (mcm) (Entered: 03/14/1997)
03/14/1997 384 Motion by Thelma Barros For Recusal Exhibits and c/s Attached. (mcm) (Entered: 03/14/1997)
03/14/1997 385 Assented to Motion By Trustee Stephen S. Gray, Creditor Winter Hill Federal Savings Bank To Rescheduled Hearing On: ( [319-1] Motion For Approval On [318-1] Term Sheet signed by S. Gray, United South End/Lower Roxbury Development, and Community Builders, Inc. by Paul D. Moore ) . c/s (mcm) (Entered: 03/14/1997)
03/14/1997 386 Motion By Interested Party Alphonse Mourad To Extend Time Time To File Appropriate Appellate Pages . (mcm) (Entered: 03/17/1997)
03/14/1997 387 Motion By Interested Party Alphonse Mourad To Extend Time To Perfect Appeal . (mcm) (Entered: 03/17/1997)
03/14/1997 388 Certificate Of Service By Interested Party Alphonse Mourad Of [387-1] Motion To Extend Time To Perfect Appeal by Alphonse Mourad, [386-1] Motion To Extend Time Time To File Appropriate Appellate Pages by Alphonse Mourad . (mcm) (Entered: 03/17/1997)
03/14/1997 Endorsement Order Granting [385-1] Motion To Rescheduled Hearing On: ( [319-1] Motion For Approval On [318-1] Term Sheet signed by S. Gray, United South End/Lower Roxbury Development, and Community Builders, Inc. by Paul D. Moore ) by Winter Hill Federal Savings Bank, Stephen S. Gray ALLOWED. CLERK WILL RESCHEDULE. Entered on 3/14/97 (mcm) (Entered: 03/17/1997)
03/17/1997 389 Addendum to Record on Appeal transmitted to Bap. Motion to Extend Time to Perfect Appeal and Motion to Extend Time to File Appropriate Appellate Pages. (mcm) (Entered: 03/17/1997)
03/18/1997 390 Response By Creditor Winter Hill Federal Savings Bank To [382-1] Motion For Continued Authority To Use Alleged Cash Collateral . c/s (mcm) (Entered: 03/19/1997)
03/19/1997 Endorsement Order Allowing [314-1] Motion To Disqualify and Enjoin Winn Development From Negotiating With or Submitting Bid for Property to Trustee by Alphonse Mourad. NO OPPOSITION FILED. ALLOWED, HOWEVER IT IS UNCLEAR WHETHER WINN DEVELOPMENT WAS SERVED WITH THIS MATTER. Entered on 3/18/97 (mcm) (Entered: 03/19/1997)
03/20/1997 391 Emergency Motion By Interested Parties William Owens And Alphonse Mourad To Require, And Restrain Trustee From Refusing Access To Premises By Outside Appraiser (ymw) (Entered: 03/20/1997)
03/20/1997 392 Motion By Interested Party Alphonse Mourad To Extend Time To File Opposition To Fee Applications . (ymw) (Entered: 03/20/1997)
03/20/1997 393 Opposition By Interested Party Alphonse Mourad To [381-1] Examiner Alan L. Braunstein's Application For $49,687 In Compensation And Expenses Aand For Doing An Abominable, Irresponsible, Negligent And Bad Job. Exhibits A - F Attached. (ymw) (Entered: 03/20/1997)
03/20/1997 394 Second Motion By Interested Party Alphonse Mourad To Clarify His Standing And To Reconsider The Court's Order [375-1] Denying Motion To Clarify Alponse Mourad's Standing To Represent V & M Management [323-1] . Exhibit 1 Attached. (ymw) (Entered: 03/20/1997)
03/20/1997 395 Service List Filed By Interested Party Alphonse Mourad. (ymw) (Entered: 03/20/1997)
03/21/1997 Endorsement Order Denying [391-1] Motion To Require, And Restrain Trustee From Refusing Access To Premises By Outside Appraiser by William Owens, Alphonse Mourad. REQUEST FOR EMERGENCY TREATMENT IS DENIED. Entered on 3/21/97 (ymw) (Entered: 03/24/1997)
03/24/1997 Hearing Re: [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore rschd For 9:30 4/23/97 at Courtroom 4, (ma) (Entered: 03/24/1997)
03/24/1997 396 Trustee's Stephen S. Gray Opposition To [391-1] EMERGENCY Motion To Require, And Restrain Trustee From Refusing Access To Premises By Outside Appraiser by William Owens and Alphonse Mourad. (plc) (Entered: 03/24/1997)
03/24/1997 397 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray RE: [396-1] Trustee's Opposition. (plc) (Entered: 03/24/1997)
03/25/1997 398 Kenner J. Memorandum And Order Granting Trustee's [382-1] Motion For Continued Authority To Use Alleged Cash Collateral. BASED ON THE RESERVATION OF RIGHTS, THE TRUSTEE'S MOTION IS ALLOWED. SEE MEMORANDUM AND ORDER FOR COMPLETE TEXT. Entered on 3.25.97 (mnd) (Entered: 03/26/1997)
03/25/1997 Endorsement Order Granting [392-1] Motion To Extend Time To File Opposition To Fee Applications by Alphonse Mourad ALLOWED; THE TIME TO FILE AN OPPOSITION IS EXTENDED TO 4/25/97. Entered on 3.25.97 (mnd) (Entered: 03/26/1997)
03/25/1997 399 Trustee's Opposition by Trustee, Stephen S. Gray To [384-1] Motion For Recusal by Thelma Barros. Exhibit A & c/s attached. (cjh) (Entered: 03/26/1997)
03/25/1997 400 Certificate Of Service of Notice of Hearing By Paul D. Moore Of [0-0] Hearing scheduled for 4/23/97 at 9:30 a.m., Re: [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore. (mnd) (Entered: 03/27/1997)
03/27/1997 401 Oppositon of The BRA To Barros' [384-1] Motion For Recusal. C/S attached. (mnd) (Entered: 03/28/1997)
03/31/1997 402 Objection By Creditor Boston Redevelopment Authority To [394-1] Second Motion To Clarify His Standing by Alphonse Mourad . c/s (mcm) (Entered: 04/02/1997)
03/31/1997 402 Creditor Boston Redevelopment Authority To Reconsider Court's 3/3/97 Denial Order [375-1] . c/s (mcm) (Entered: 04/02/1997)
03/31/1997 403 Objection By Trustee Stephen S. Gray To [394-1] Second Motion To Clarify His Standing by Alphonse Mourad . c/s (mcm) (Entered: 04/02/1997)
03/31/1997 403 Trustee Stephen S. Gray To Reconsider the Court's 3/3/97 Denial Order [375-1] . c/s (mcm) (Entered: 04/02/1997)
04/03/1997 404 Withdrawal by Creditor Massachusetts Department of Revenue of Proof of Claim in the Amount of $200,000.00 (mcm) (Entered: 04/04/1997)
04/04/1997 405 Transcript of Hearing Held on 11/20/96 [252-1] Motion To Prevent Trustee From Setting Up Computer Center Without Hearing And Approval Of The Court by Mandela Residents Cooperative Ass'n., [252-2] Motion To Compel Trustee To Give The Key For Community Room To The Tenants by Mandela Residents Cooperative Ass'n. Court Reporter: Mary Artesani (mcm) (Entered: 04/04/1997)
04/10/1997 406 Disclosure Statement with Respect to Joint Plan of Reorganization By Trustee Stephen S. Gray, UDC/TCB Development Corporation . (mcm) (Entered: 04/11/1997)
04/10/1997 407 Joint Chapter 11 Plan Of Reorganization By Trustee Stephen S. Gray, UDC/TCB Development Corporation . (mcm) (Entered: 04/11/1997)
04/10/1997 408 Motion By Paul D. Moore for Trustee Stephen S. Gray, William R. Baldiga for UDC/TCB Development Corporation, For Approval On [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray, [407-1] Joint Chapter 11 Plan by UDC/TCB Development Corporation, S. Gray . (mcm) (Entered: 04/11/1997)
04/10/1997 409 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [408-1] Motion For Approval On [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray, [407-1] Joint Chapter 11 Plan by UDC/TCB Development Corporation, S. Gray by William R. Baldiga, Paul D. Moore, [407-1] Chapter 11 Plan by UDC/TCB Development Corporation, Stephen S. Gray, [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray . (mcm) (Entered: 04/11/1997)
04/11/1997 410 Final Order By Bankruptcy Appellate Panel [313-1] Order dated 2/5/97. THE TRUSTEE'S MOTION IS GRANTED AND THE APPEAL IS HEREBY DISMISSED. SO ORDERED ON THIS 10TH DAY OF APRIL, 1997. ***SEE ORDER DISMISSING APPEAL DOC. #410 FOR COMPLETE TEXT*** (mcm) (Entered: 04/11/1997)
04/11/1997 411 Judgment Received from Banruptcy Appellate Panel. THIS CAUSE CAME TO BE HEARD FROM THE U.S. BANKRUPTCY COURT FOR THE DISTRICT OF MA. UPON CONSIDERATION WHEREOF, AND IN ACCORDANCE WITH THE ORDER DISMISSING APPEAL ISSUED ON 4/10/97, IT IS NOW HERE ORDERED AND ADJUDGED THAT THE ABOVE-ENTITLED APPEAL IS HEREBY DISMISSED. (mcm) (Entered: 04/11/1997)
04/11/1997 412 Notice of Appearance And Request For Service Of Notice By Jonathan D. Yellin for Creditor Boston Water & Sewer Commission. c/s (mcm) (Entered: 04/11/1997)
04/15/1997 413 Joint Chapter 11 Plan Of Reorganization By Thomas F. Welch & Associates, Inc., Creditor Winter Hill Federal Savings Bank. (mcm) (Entered: 04/15/1997)
04/15/1997 414 Disclosure Statement By Thomas F. Welch & Associates, Inc., Creditor Winter Hill Federal Savings Bank . Exhibits Attached. (mcm) (Entered: 04/15/1997)
04/15/1997 415 Certificate Of Service By John C. Hutchins for Creditor Winter Hill Federal Savings Bank Of [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc., [413-1] Chapter 11 Plan by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. . (mcm) (Entered: 04/15/1997)
04/15/1997 484 Motion for Order By Creditor Winter Hill Federal Savings Bank For Approval On [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. . (mcm) (Entered: 06/11/1997)
04/16/1997 416 Letter filed by Rotimi Abu, President Mandela Residents Cooperative Ass'n. (mcm) (Entered: 04/17/1997)
04/16/1997 Endorsement Order Regarding [416-1] Letter filed by Romiti Abu, President, Mandela Residents Cooperative Ass'n. THE CLERK IS DIRECTED TO MIAL COPIES TO TRUSTEE'S COUNSEL AND THE U. S. TRUSTEE. Entered on 4/16/97 (mcm) (Entered: 04/17/1997)
04/18/1997 417 Joint Response By Party UDC/TCB Development Corporation, Trustee Stephen S. Gray To [369-1] Objection by Alphonse Simon, Noha Simon, Habib Mourad, Doris Mourad, [361-1] Objection by Tanios W. Choueiri, [338-1] Objection by Edmund Shamsi and Shamir Corp., [337-1] Objection by Alphonse Mourad, [335-1] Objection by Winter Hill Federal Savings Bank To Trustee's Motion to Authorize Execution of Term Sheet and RElated Payment of Break-up fees. (mcm) (Entered: 04/21/1997)
04/22/1997 419 Disclosure Statement By Gary Leroy, Mourad, Owens & Associates . Exhibits and C/S attached. (mcm) (Entered: 04/22/1997)
04/22/1997 418 Chapter 11 Plan Of Reorganization Party Gary Leroy, Mourad, Owens & Associates . Attached as Exhibit "A" to Disclosure Statement doc. #419 (mcm) (Entered: 04/22/1997)
04/22/1997 420 Certificate Of Service By Of [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy, [418-1] Chapter 11 Plan by Mourad, Owens & Associates, Gary Leroy . (mcm) (Entered: 04/23/1997)
04/23/1997 421 Kenner, J. Order Regarding [319-1] Motion For Approval On [318-1] Term Sheet and Related Payment of Break-up Fee signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore. HEARING HELD. THE MOTION IS ALLOWED IN PART AND DENIED IN PART. THE TRUSTEE'S MOTION TO AUTHORIZE EXECUTION OF TERM SHEET IS ALLOWED. NO ON OPPOSED IT. THE MOTION IS DENIED WITH RESPECT TO RELATED PAYMENT OF BREAK-UP FEE FOR THE REASONS STATED ON THE RECORD. SHAMIR CONSTRUCTIONS COUNSEL IS COMMITTING TO FILING A DISCLOSURE STATEMENT AND PLAN ON OR BEFORE 5/9/97 AT 4:00 P.M. Entered on 4/23/97 (mcm) (Entered: 04/23/1997)
04/23/1997 Hearing Held Re: [319-1] Motion For Approval On [318-1] Term Sheet signed by Stephen S. Gray, United South End/Lower Roxbury Development, and The Community Builders, Inc. by Paul D. Moore . SEE ORDER (mcm) (Entered: 04/23/1997)
04/23/1997 422 Kenner, J. Procedural Order in Connection With Disclosure Statements. THREE DISCLOSURE STATEMENTS AND PLANS HAVE BEEN FILED IN THIS CASE: ONE BY THE CHAPTER 11 TRUSTEE AND UDC/TCB DEVELOPMENT CORPORATION; ANOTHER BY WINTER HILL FEDERAL SAVINGS BANK; AND ANOTHER BY GARY LEROY AND MOURAD, OWENS & ASSOCIATES LLC. OBJECTION TO THESE DISCLOSURE STATEMENTS MUST BE FILED BY 4:00 P.M. ON MONDAY, JUNE 2, 1997. THE COURT WILL NOT EXTEND THE TIME FOR FILING OBJECTIONS; LATE-FILED OBJECTIONS WILL NOT BE CONSIDERED BY THE COURT. AT THE HEARING ON THE ADEQUACY OF THE DISCLOSURE STATEMENTS, THE COURT WILL NOT CONSIDER OBJECTIONS BASED ON ALLEGED LACK OF FEASIBILITY; ANY SUCH OBJECTION WILL BE ADDRESSED AT THE TIME OF CONFIRMATION. ONLY AUTHORIZED COUNSEL WILL BE PERMITTED TO PARTICIPATE IN THE HEARING. SEE IN RE LAS COLINAS DEVEL. CORP., 585 F.2d 7 (1st. cir. 1978). A HEARING ON THE ADEQUACY OF THE DISCLOSURE STATEMENTS WILL BE HELD AT 10:00 A.M. ON WED. JUNE 11, 1997. IT IS HEREBY ORDERED THAT THE TRUSTEE'S COUNSEL SHALL GIVE NOTICE OF THIS ORDER TO PARTIES IN INTEREST AND SHALL FILE A CERTIFICATE OF SERVICE. Entered on 4/23/97 (mcm) (Entered: 04/24/1997)
04/24/1997 Hearing Re: [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy, [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc., [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray Scheduled For 10:00 a.m. 6/11/97 at Courtroom 4, Boston. Objections to Motion Due On: 4:00 p.m. 6/2/97 (mcm) (Entered: 04/24/1997)
04/25/1997 423 Motion By Interested Party Alphonse Mourad To Extend Time To File Opposition to Fee Applications . c/s (mcm) (Entered: 04/25/1997)
04/25/1997 Endorsement Order Granting [423-1] Motion To Extend Time To File Opposition to Fee Applications by Alphonse Mourad ALLOWED. THE TIME IS EXTENDED TO 6/6/97. Entered on 4/25/97 (mcm) (Entered: 04/28/1997)
04/29/1997 424 Kenner, J. Order on Motion to Require Access to Premises by Outside Appraiser RE: [391-1] Motion To Require, And Restrain Trustee From Refusing Access To Premises By Outside Appraiser by William Owens, Alphonse Mourad . THE MOTION FILED BY ALPHONSE MOURAD AND WILLIAM OWENS FOR AN ORDER REQUIRING THE CHAPTER 11 TRUSTEE TO PROVIDE ACCESS TO THE DEBTOR'S PROPERTY FOR THE PURPOSE OF CONDUCTING AN APPRAISAL THEREOF IS HEREBY ALLOWED AS FOLLOWS: THE TRUSTEE SHALL GRANT ACCESS TO THE PROPERTY TO THE MOVANTS' APPRAISER AT A MUTUALLY CONVENIENT DATE AND TIME, DURING NORMAL BUSINESS HOURS, ON OR BEFORE 5/16/97. IF THE PARTIES CANNOT AGREE ON A DATE AND TIME, THE COURT WILL SET ONE FOR THEM. MR MOURAD (BUT NO ONE ELSE) MAY ACCOMPANY THE APPRAISER AS HE TOURS THE PROPERTY. SUCH ACCESS SHALL BE FOR THE SOLE PURPOSE OF CONDUCTING AN APPRAISAL. THE TRUSTEE MAY DESIGNATE CAROLYN GIBBSON OR ANY OTHER PERSON OR PERSONS TO ACCOMPANY THE APRAISER AND MR. MOURAD AROUND THE PROPERTY, THE TRUSTEE NEED NOT LEAVE THEM UNATTENDED. Entered on 4/29/97 (mcm) (Entered: 04/30/1997)
04/30/1997 425 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [0-0] Hearing, RE: [422-1] Procedural Order, RE: [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy, [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc., [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray . (mcm) (Entered: 04/30/1997)
05/08/1997 426 Assented to Emergency Motion By Creditor Edmund I. Shamsi To Extend Time To File Plan . (Assent of Counsel for Winter Hill Federal Savings Bank) (mcm) (Entered: 05/08/1997)
05/08/1997 427 Motion by Creditor Edmund I. Shamsi For Ex Parte Determination Re: [426-1] Motion To Extend Time To File Plan by Edmund I. Shamsi (mcm) (Entered: 05/08/1997)
05/08/1997 428 Certificate Of Service By Jennifer A. Nixon for Creditor Edmund Shamsi Of [427-1] Motion For Ex Parte Determination Re: [426-1] Motion To Extend Time To File Plan by Edmund I. Shamsi by Edmund I. Shamsi [426-1] Assented Time To File Plan by Edmund I. Shamsi (mcm) (Entered: 05/08/1997)
05/08/1997 Endorsement Order Regarding [426-1] Assented to Motion To Extend Time To File Plan by Edmund I. Shamsi Pres. of Shamir Const. MR. SHAMSI REMAINS FREE TO FILE HIS PLAN AT ANY TIME PURSUANT TO BANKR RULES 3016 AND 3017, BUT HIS DISCLOSURE STATEMENT WILL NOT BE CONSIDERED AT THE SAME TIME AS THE OTHER DISCLOSURE STATEMENTS. DENIED. Entered on 5/8/97 (mcm) (Entered: 05/08/1997)
05/08/1997 Endorsement Order Allowing [427-1] Motion For Ex Parte Determination Re: [426-1] Assented to Motion To Extend Time To File Plan by Edmund I. Shamsi by Edmund I. Shamsi Pres. of Shamir Const. ALLOWED. Entered on 5/8/97 (mcm) (Entered: 05/08/1997)
05/12/1997 429 Chapter 11 Plan Of Reorganization By Interested Party Mandela Residents Cooperative Ass'n. Interested Party Beacon Residential Properties. (mcm) (Entered: 05/12/1997)
05/12/1997 430 Disclosure Statement By Interested Party Beacon Residential Properties, Interested Party Mandela Residents Cooperative Ass'n. . (mcm) (Entered: 05/12/1997)
05/12/1997 431 Notice of Appearance And Request For Service Of Notice By Paul J. Ricotta for Interested Party Beacon Residential Properties . (mcm) (Entered: 05/12/1997)
05/12/1997 432 Certificate Of Service By Paul J. Ricotta for Interested Party Beacon Residential Properties Of [429-1] Chapter 11 Plan by Beacon Residential Properties, Mandela Residents Cooperative Ass'n., [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties, [431-1] Notice To Appear by Paul J. Ricotta . (mcm) (Entered: 05/12/1997)
05/13/1997 Hearing Re: [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties schd For 10:00 6/11/97 at Courtroom 4, Objections to Disclosure Stmt Due: 4:00 6/2/97 (ma) (Entered: 05/13/1997)
05/13/1997 433 Chapter 11 Plan Of Reorganization By Creditor Edmund I. Shamsi (mcm) (Entered: 05/13/1997)
05/13/1997 434 Disclosure Statement By Creditor Edmund I. Shamsi (mcm) (Entered: 05/13/1997)
05/13/1997 435 Certificate Of Service By Stephen A. Greenbaum for Creditor Edmund Shamsi Of [434-1] Disclosure Statement by Edmund I. Shamsi [433-1] Chapter 11 Plan by Edmund I. Shamsi (mcm) (Entered: 05/13/1997)
05/13/1997 436 Certificate Of Service By Kevin J. Walsh Of [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties, [429-1] Chapter 11 Plan by Beacon Residential Properties, Mandela Residents Cooperative Ass'n. . (mcm) (Entered: 05/13/1997)
05/13/1997 437 Notice of Hearing Paul J. Ricotta [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties, [429-1] Chapter 11 Plan by Beacon Residential Properties, Mandela Residents Cooperative Ass'n. c/s (mcm) (Entered: 05/13/1997)
05/19/1997 Hearing Re: [434-1] Disclosure Statement by Edmund I. Shamsi Pres. of Shamir Const. schd For 10:30 7/3/97 at Courtroom 4, Objections to Disclosure Stmt Due: 4:00 6/23/97 (ma) (Entered: 05/19/1997)
05/23/1997 438 Notice by Stephen A. Greenbaum for Creditor Edmund Shamsi and Shamir Corp. RE: [0-0] Hearing, On [434-1] Disclosure Statement by Edmund I. Shamsi Pres. of Shamir Const. c/s (mcm) (Entered: 05/23/1997)
05/27/1997 439 Memorandum Of Decision Issued by: Kenner, J. Re: [384-1] Motion For Recusal by Thelma Barros A SEPARATE ORDER WILL ENTER DENYING THEIR MOTION. **SEE MEMORANDUM OF DECISIONS DOC. # 439 FOR COMPLETE TEXT** (mcm) (Entered: 05/27/1997)
05/27/1997 440 Kenner, J. Order Denying [384-1] Motion For Recusal by Thelma Barros FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION FOR RECUSAL FILED BY THELMA BARROS AND TWENTY OTHER RESIDENTS OF THE MANDELA APARTMENTS IS HEREBY DENIED. Entered on 5/27/97 (mcm) (Entered: 05/27/1997)
05/28/1997 441 Kenner J. Memorandum Of Decision On The Second [394-1] Motion Of Alphonse Mourad To Clarify His Standing by And [394-2] Reconsider The Court's Order Of 3/3/97 [375-1] Denying Motion To Clarify His Standing To Represent The Debtor. FOR THESE REASONS, A SEPERATE ORDER WILL ENTER DENYING THE MOTION IN ITS ENTIRETY. SEE MEMORANDUM OF DECISION FOR COMPLETE TEXT. (mnd) (Entered: 05/29/1997)
05/28/1997 442 Kenner J. Order On The Second [394-1] Motion of Alphonse Mourad To Clarify His Standing And To [394-2] Reconsider The Court's Order Of 3/3/97 [375-1] Denying His Motion To Clarify His Standing To Represent The Debtor [323-1]. FOR REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, MOURAD'S SECOND MOTION TO CLARIFY HIS STANDING AND TO RECONSIDER THE COURT'S 3/3/97 DENIAL IS HEREBY DENIED. Entered on 5.28.97 (mnd) (Entered: 05/29/1997)
05/29/1997 443 Notice of Transfer of Claim filed by Hammond Office Products to Beacon Residential Properties Limited Partnership in the amount of $ 311.62 Exhibits Attached. (mcm) (Entered: 06/02/1997)
06/02/1997 444 Joint Objection By Trustee Stephen S. Gray, Interested Party UDC/TCB Development Corporation To [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy . Exhibit "A" and C/S Attached. (mcm) (Entered: 06/03/1997)
06/02/1997 445 Joint Objection By Trustee Stephen S. Gray, Interested Party UDC/TCB Development Corporation To [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. . c/s (mcm) (Entered: 06/03/1997)
06/02/1997 446 Objection By Creditor Edmund Shamsi. To [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray . (mcm) (Entered: 06/03/1997)
06/02/1997 447 Objection By Creditor Edmund Shamsi. To [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. . (mcm) (Entered: 06/03/1997)
06/02/1997 448 Objection By Creditor Edmund Shamsi. To [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties . (mcm) (Entered: 06/03/1997)
06/02/1997 449 Certificate Of Service By Stephen A. Greenbaum for Creditor Edmund Shamsi Of [448-1] Objection by Edmund Shamsi [447-1] Objection by Edmund Shamsi [446-1] Objection by Edmund Shamsi (mcm) (Entered: 06/03/1997)
06/02/1997 450 Objection By Beacon Residential Properties, Mandela Residents Cooperative Ass'n. To [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray . (mcm) (Entered: 06/03/1997)
06/02/1997 451 Objection By Beacon Residential Properties, Mandela Residents Cooperative Ass'n. To [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. . (mcm) (Entered: 06/03/1997)
06/02/1997 452 Certificate Of Service By Paul J. Ricotta Of [451-1] Objection by Mandela Residents Cooperative Ass'n., Beacon Residential Properties, [450-1] Objection by Mandela Residents Cooperative Ass'n., Beacon Residential Properties . (mcm) (Entered: 06/03/1997)
06/02/1997 453 Objection By Winter Hill Federal Savings Bank To [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray . (mcm) (Entered: 06/03/1997)
06/02/1997 454 Objection By Winter Hill Federal Savings Bank To [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties . (mcm) (Entered: 06/03/1997)
06/02/1997 455 Objection By Winter Hill Federal Savings Bank To [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy . (mcm) (Entered: 06/03/1997)
06/02/1997 456 Certificate Of Service By John C. Hutchins RE: [455-1] Objection by Winter Hill Federal Savings Bank, [454-1] Objection by Winter Hill Federal Savings Bank, [453-1] Objection by Winter Hill Federal Savings Bank . (mcm) (Entered: 06/03/1997)
06/02/1997 457 Objection By Gary Leroy, Mourad, Owens & Associates To [406-1] Disclosure by UDC/TCB Development Corporation, Stephen S. Gray, [407-1] Chapter 11 Plan by UDC/TCB Development Stephen S. Gray . Exhibit Attached. c/s (mcm) (Entered: 06/03/1997)
06/02/1997 458 Objection By Gary Leroy, Mourad, Owens & Associates To [430-1] Disclosure by Mandela Residents Cooperative Ass'n., Beacon Properties, [429-1] Chapter 11 Plan by Beacon Residential Properties, Mandela Residents Cooperative Ass'n. . c/s (mcm) (Entered: 06/03/1997)
06/02/1997 459 Objection By Gary Leroy To [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. c/s. (mcm) (Entered: 06/03/1997)
06/02/1997 460 Motion By Gary Leroy, Mourad, Owens & Associates To Strike [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy, [418-1] Chapter 11 Plan by Mourad, Owens & Associates, Leroy . c/s (mcm) (Entered: 06/03/1997)
06/02/1997 461 Joint Objection By Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston To [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties . (mcm) (Entered: 06/03/1997)
06/02/1997 462 Joint Objection By Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston To [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy. (mcm) (Entered: 06/03/1997)
06/02/1997 463 Joint Objection By Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston To [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. . (mcm) (Entered: 06/03/1997)
06/02/1997 464 Certificate Of Service By Nina F. Lempert RE: [463-1] Objection by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority, [462-1] Objection by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority, [461-1] Objection by City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority . (mcm) (Entered: 06/03/1997)
06/02/1997 465 Objection By Trustee Stephen S. Gray, UDC/TCB Development Corporation To [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties . c/s (mcm) (Entered: 06/03/1997)
06/02/1997 466 Motion By accountant Robert F. Munro For Payment of Accounting Fees . c/s (mcm) (Entered: 06/03/1997)
06/02/1997 467 Affidavit of Robert Munro in Support of [466-1] Motion For Payment of Accounting Fees by Robert F. Munro (mcm) (Entered: 06/03/1997)
06/06/1997 468 Motion of Boston Water & Sewer Commission To Enlarge Time For Making Election Pursuant To 11 U.S.C. 1111(b)(2) and Expedited Hearing Requested. Re: ([468-1] Motion by Boston Water & Sewer Commission) . (ndl) (Entered: 06/06/1997)
06/06/1997 469 Certificate Of Service By Jeffrey S . Ogilvie, Esq. For Creditor Boston Water & Sewer Commission Of [468-1] Motion To Enlarge Time For Making Election Pursuant To 11 U.S.C. 1111(b)(2) by Boston Water & Sewer Commission, [468-2] Motion Expedited Hearing Requested. Re: ([468-1] Motion by Boston Water & Sewer Commission) by Boston Water & Sewer Commission . (ndl) (Entered: 06/06/1997)
06/06/1997 470 Motion By Interested Party Alphonse Mourad To Extend Time For One Week To File Oppositions to Fee Application . c/s (mcm) (Entered: 06/06/1997)
06/09/1997 Endorsement Order Denying [470-1] Motion To Extend Time For One Week To File Oppositions to Fee Application by Alphonse Mourad. DENIED. Entered on 6/9/97 (mcm) (Entered: 06/09/1997)
06/09/1997 471 Motion By Alphonse Mourad To Compel Production of Original Notes for Expert Handwriting Analysis . Exhibits and C/S Attached. (mcm) (Entered: 06/09/1997)
06/09/1997 472 Objection By Alphonse Mourad To [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy and Hanify & King's Legal Fees. (mcm) (Entered: 06/09/1997)
06/09/1997 473 Objection By Alphonse Mourad To [345-1] Application For Compensation And Reimbursement of Expenses by Stephen S. Gray, [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore . Exhibits Attached. (mcm) (Entered: 06/09/1997)
06/09/1997 474 Affidavit of Othello Mahone, Mandaela Apartments: Chronology of Events. (mcm) (Entered: 06/09/1997)
06/09/1997 475 Certificate Of Service By Alphonse Mourad Of [472-1] Objection by Alphonse Mourad, [473-1] Objection by Alphonse Mourad, [474-1] Affidavit . (mcm) (Entered: 06/09/1997)
06/09/1997 476 Response By Mandela Residents Cooperative Ass'n., Beacon Residential Properties To [460-1] Motion To Strike [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy, [418-1] Chapter 11 Plan by Mourad, Owens & Associates, Leroy by Mourad, Owens & Associates, Gary Leroy . Exhibits Attached. (mcm) (Entered: 06/10/1997)
06/09/1997 477 Supplemental Submission RE: [430-1] Disclosure Statement, and [429-1] Chapter 11 Plan Filed By: Paul J. Ricotta (mcm) (Entered: 06/10/1997)
06/09/1997 478 Certificate Of Service By Paul J. Ricotta Of [477-1] Supplemental Submission by Paul J. Ricotta, [476-1] Response by Beacon Residential Properties, Mandela Residents Cooperative Ass'n. . (mcm) (Entered: 06/10/1997)
06/10/1997 Endorsement Order Denying [468-2] Motion Expedited Hearing Requested. Re: ([468-1] Motion by Boston Water & Sewer Commission) by Boston Water & Sewer Commission, Denying [468-1] Motion To Enlarge Time For Making Election Pursuant To 11 U.S.C. 1111(b)(2) by Boston Water & Sewer Commission REQUEST FOR EXPEDITED HEARING IS DENIED. MO. TO ENLARGE TIME IS DENIED. Entered on 6/10/97 (mcm) (Entered: 06/10/1997)
06/11/1997 479 Kenner, J. Order Regarding [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray, Regarding [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc., Regarding [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy, Regarding [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties . HEARING HELD. THE COURT ISSUED AN ORAL ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED WITH PREJUDICE. ALL RESPONSES MUST BE FILED ON OR BEFORE JUNE 25, 1997 AT 4:00 P.M. REGARDLESS OF WHETHER AN OBJECTION IS FILED TIMELY THE COURT MAY RULE ON THE PAPERS WITHOUT A FURTHER HEARING. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 Hearing Held Re: [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray . SEE ORDER (mcm) (Entered: 06/11/1997)
06/11/1997 Hearing Held Re: [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties SEE ORDER. (mcm) (Entered: 06/11/1997)
06/11/1997 Hearing Held Re: [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. SEE ORDER. (mcm) (Entered: 06/11/1997)
06/11/1997 Hearing Held Re: [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy . SEE ORDER (mcm) (Entered: 06/11/1997)
06/11/1997 Endorsement Order Regarding [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. NOT APPROVED. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 Endorsement Order Regarding [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy. NOT APPROVED. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 Endorsement Order Regarding [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties. NOT APPROVED. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 480 Kenner, J. Order Regarding [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray. HEARING HELD. THE DISCLOSURE STATEMENT OF THE CHAPTER 11 TRUSTEE IS NOT APPROVED. THE COURT FINDS, PURSUANT TO SECTION 1125 OF THE BANKRUPTCY CODE, THAT IT FAILS TO CONTAIN ADEQUATE INFORMATION. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 481 Kenner, J. Order Regarding [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties. HEARING HELD. MANDELA RESIDENTS' DISCLOSURE STATEMENT IS NOT APPROVED. THE COURT FINDS, PURSUANT TO SECTION 1125 OF THE BANKRUPTCY CODE, THAT IT FAILS TO CONTAIN ADEQUATE INFORMATION. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 482 Kenner, J. Order Regarding [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. HEARING HELD. WINTER HILL'S DISCLOSURE STATEMENT IS NOT APPROVED THE COURT FINDS, PURSUANT TO SECTION 1125 OF THE BANKRUPTY CODE, THAT IT FAILS TO CONTAIN ADEQUATE INFORMATION. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 483 Kenner, J. Order Regarding [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy. HEARING HELD. MOURAD, OWENS' DISCLOSURE STATEMENT IS NOT APPROVED. THE COURT FINDS, PURSUANT TO SECTION 1125 OF THE BANKRUPTCY CODE, THAT IT FAILS TO CONTAIN ADEQUATE INFORMATION. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 Endorsement Order Denying [408-1] Motion For Approval On [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray, [407-1] Joint Chapter 11 Plan by UDC/TCB Development Corporation, S. Gray by William R. Baldiga, Paul D. Moore. DENIED. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 Endorsement Order Denying [484-1] Motion For Approval On [414-1] Disclosure Statement by Winter Hill Federal Savings Bank, Thomas F. Welch & Associates, Inc. by Winter Hill Federal Savings Bank. DENIED. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/11/1997 Endorsement Order Mooting [460-1] Motion To Strike [419-1] Disclosure Statement by Mourad, Owens & Associates, Gary Leroy, [418-1] Chapter 11 Plan by Mourad, Owens & Associates, Leroy by Mourad, Owens & Associates, Gary Leroy MOOT. THE COURT HAS ALREADY RULED THAT THE DISCLOSURE STATEMENT IS INADEQUATE. Entered on 6/11/97 (mcm) (Entered: 06/11/1997)
06/16/1997 485 Motion By Creditor Winter Hill Federal Savings Bank For Relief from Automatic Stay . (Promissory Note Executed by Debtor & Alphonse Mourad). Response due 6/28/97. Exhibit "A" Attached. (mcm) (Entered: 06/17/1997)
06/16/1997 486 Memorandum By Creditor Winter Hill Federal Savings Bank In Support OF [485-1] Motion For Relief from Automatic Stay by Winter Hill Federal Savings Bank . (mcm) (Entered: 06/17/1997)
06/16/1997 487 Certificate Of Service By John C. Hutchins Of [486-1] Brief/Memorandum by Winter Hill Federal Savings Bank, [485-1] Motion For Relief from Automatic Stay by Winter Hill Federal Savings Bank . (mcm) (Entered: 06/17/1997)
06/18/1997 488 Objection By Trustee Stephen S. Gray To [466-1] Application For Payment of Accounting Fees by Robert F. Munro . Exhibit "A" and C/S Attached. (mcm) (Entered: 06/19/1997)
06/20/1997 489 Opposition By Creditor Mario Nicosia/Judith Moriarty, L&N Trust To [471-1] Motion To Compel Production of Original Notes for Expert Handwriting Analysis by Alphonse Mourad . c/s (mcm) (Entered: 06/20/1997)
06/23/1997 490 JOINT Objection Of Stephen S. Gray, Chapter 11 Trustee, The Boston Redevelopment Authority, The Commissioner Of The Massachusetts Department of Revenue, The City of Boston, Mandela Residents Cooperative Association, Inc. And Beacon Residential Properties Limited Partnership To The [434-1] Disclosure Statement With Respect To The Plan Of Reorganization Of Edmund I. Shamsi. C/S (plc) (Entered: 06/23/1997)
06/23/1997 491 Objections of Winter Hill Federal Savings Bank To Disclosure Statement With Respect To Plan Of Reorganization Of Edmund I. Shamsi. Re: [434-1] Disclosure Statement by Edmund I. Shamsi Pres. of Shamir Const. C/S. (ndl) (Entered: 06/24/1997)
06/23/1997 492 Letter Filed by Elizabeth M. Mourad. (plc) (Entered: 06/24/1997)
06/23/1997 KENNER, J. Endorsement Order Regarding [492-1] Letter by Elizabeth M. Mourad. THE COURT DOES DONT CONSIDER EX PARTE COMMUNICATIONS. NOR RULE ON LETTERS. SEE LOCAL RULE 26(A). Entered on 6/23/97. (plc) (Entered: 06/24/1997)
06/24/1997 493 Motion Of Winter Hill Federal Savings Bank To Extend Time For The Filing Of Objections To Its [485-1] Motion For Relief From The Automatic Stay , And Request For Expedited Determination Re: [493-1] Motion To Extend Time for Filing Of Objections to [485-1] Motion For Relief. C/S. (mnd) (Entered: 06/24/1997)
06/24/1997 Kenner, J. Endorsement Order Granting [493-2] Motion Request For Expedited Determination Re: [493-1] Motion To Extend Time for Filing Of Objections to [485-1] Motion For Relief. by Winter Hill Federal Savings Bank. REQUEST FOR EXPEDITED CONSIDERATION IS ALLOWED. WINTER HILL MUST FILE A WAIVER OF ITS RIGHTS UNDER 362(e). IF IT DOES SO, THE COURT WILL THEN RULE ON THE MOTION TO EXTEND TIME. Entered on 6/24/97 (ndl) (Entered: 06/24/1997)
06/25/1997 494 Waiver filed by: John C. Hutchins for Creditor Winter Hill Federal Savings Bank Re: [485-1] Motion For Relief from Automatic Stay by Winter Hill Federal Savings Bank c/s (mcm) (Entered: 06/25/1997)
06/25/1997 495 Objection By Alphonse Mourad To [485-1] Motion For Relief from Automatic Stay by Winter Hill Federal Savings Bank . Exhibits Attached. (mcm) (Entered: 06/26/1997)
06/25/1997 496 Alphonse Mourad's Statement of No Opposition to the Court Order to Show Cause Regarding Dismissal. RE: [479-1] Order dated 6/11/97. (mcm) (Entered: 06/26/1997)
06/25/1997 497 Certificate Of Service By Alphonse Mourad Of [496-1] Statement of No Opposition to the Court Order to show Cause Regarding Dismissal by Alphonse Mourad, [495-1] Objection by Alphonse Mourad . (mcm) (Entered: 06/26/1997)
06/25/1997 498 Joint Notice of Support by Alphonse Simon, Noha Simon, Habib Mourad, Doris Mourad To V & M. Motion to Dismiss RE: [479-1] Order 6/11/97. c/s (mcm) (Entered: 06/26/1997)
06/25/1997 499 Joint Response Trustee Stephen S. Gray, Winter Hill Federal Savings Bank, Boston Redevelopment Authority, Massachusetts Department of Revenue, Boston Water & Sewer Commission, City of Boston, The, Mandela Residents Cooperative Ass'n., Beacon Residential Properties To Court's Order to Show Cause Why This Case Should Not Be Dismissed. RE: [479-1] Order dated 6/11/97. c/s (mcm) (Entered: 06/26/1997)
06/26/1997 500 Statement By United States Trustee Supporting Joint Response to Show Cause Order (Suggested Extension of Time to File Joint Disclosure Statement and Plan of Reorganization) RE: [499-1] Joint Response by Beacon Residential Properties, Mandela Residents Cooperative Ass'n., City of Boston, The, Boston Water & Sewer Commission, Massachusetts Department of Revenue, Boston Redevelopment Authority, Winter Hill Savings Bank, Stephen S. Gray . (mcm) (Entered: 06/26/1997)
06/26/1997 501 Motion by Thelma Barros For Order Re: [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties c/s (mcm) (Entered: 06/26/1997)
06/26/1997 502 Kenner, J. Order Denying [493-1] Motion To Extend Time For The Filing Of Objections To Its [485-1] Motion For Relief From The Automatic Stay by Winter Hill Federal Savings Bank . WINTER HILL FEDERAL SAVINGS BANK'S MOTION TO EXTEND THE DEADLINE FOR FILING OPPOSIITONS TO ITS MOTION FOR RELIEF IS DENIED. Entered on 6/26/97 (mcm) (Entered: 06/26/1997)
06/27/1997 503 Response and Objection By Gary Leroy, Mourad, Owens & Associates To [499-1] Joint Response by Beacon Residential Properties, Mandela Residents Cooperative Ass'n., City of Boston, The, Boston Water & Sewer Commission, Massachusetts Department of Revenue, Boston Redevelopment Authority, Winter Hill Federal Savings Bank, Stephen S. Gray To Court's Order to Show Cause Why THis Case Should Not Be Dismissed. c/s (mcm) (Entered: 06/27/1997)
06/27/1997 504 Disclosure Statement With Respect To Joint Plan Of Reorganization Of Stephen S. Gray, Chapter 11 Trustee, Mandela Residents Cooperative Association, Inc., Beacon Residential Properties Limited Partnership And Winter Hill Federal Savings Bank. Exhibits attached. (ndl) (Entered: 06/27/1997)
06/27/1997 505 Joint Plan Of Reorganization Of Stephen S. Gray, Chapter 11 Trustee, Mandela Residents Cooperative Association, Inc., Beacon Residential Properties Limited Partnership and Winter Hill Federal Savings Bank. Exhibits attached. (ndl) (Entered: 06/27/1997)
06/27/1997 506 Motion By Trustee Stephen S. Gray For Order Approving Disclosure Statement With Respect To Joint Plan Of Reorganization Of Stephen S. Gray, Chapter 11 Trustee, Mandela Residents Cooperative Association, Inc., Beacon Residential Properties Limited Partnership And Winter Hill Federal Savings Bank. Re: [504-1] Disclosure Statement by Stephen S. Gray . (ndl) (Entered: 06/27/1997)
06/27/1997 507 Certificate Of Service By Kerry S. Kehoe, Esq. For Trustee Stephen S. Gray Of [504-1] Disclosure Statement by Stephen S. Gray, [505-1] Chapter 11 Plan by Stephen S. Gray, [506-1] Motion For Order Approving Disclosure Statement With Respect To Joint Plan Of Reorganization Of Stephen S. Gray, Chapter 11 Trustee, Mandela Residents Cooperative Association, Inc., Beacon Residential Properties Limited Partnership And Hill Federal Savings Bank. Re: [504-1] Disclosure Statement by Stephen S. Gray by Stephen S. Gray. (ndl) (Entered: 06/27/1997)
06/27/1997 508 Withdrawal Without Prejudice By Winter Hill Federal Savings Bank Of Its Motion For Relief From The Automatic Stay. Re: [485-1] Motion For Relief from Automatic Stay by Winter Federal Savings Bank. C/S. (ndl) (Entered: 06/27/1997)
06/30/1997 Endorsement Order Withdrawing [485-1] (Motion For Relief from Automatic Stay by Winter Hill Federal Savings Bank) WITHDRAWN. Entered on 6/27/97 (mcm) (Entered: 06/30/1997)
06/30/1997 Endorsement Order Regarding [498-1] Response by Doris Mourad, Habib Mourad, Noha Simon, Alphonse Simon. THERE DOES NOT APPEAR TO BE A MOTION BY V & M MANAGEMENT TO DISMISS. Entered on 6/30/97 (mcm) (Entered: 07/01/1997)
07/01/1997 Hearing Re: [504-1] Disclosure Statement by Stephen S. Gray schd For 9:30 8/5/97 at Courtroom 4, Objections to Disclosure Stmt Due: 4:00 7/28/97 (ma) (Entered: 07/01/1997)
07/01/1997 509 Response By Creditor Winter Hill Federal Savings Bank To [495-1] Objection by Alphonse Mourad, RE: [485-1] Motion For Relief from Automatic Stay by Winter Hill Federal Savings Bank . c/s (mcm) (Entered: 07/01/1997)
07/03/1997 510 Certificate Of Service of Notice of Hearing and Objection deadline By Paul D. Moore for Trustee Stephen S. Gray Of [0-0] Hearing scheduled for 8/597 at 9:30 a.m., Re: [504-1] Disclosure Statement by Stephen S. Gray . (mnd) (Entered: 07/07/1997)
07/03/1997 Endorsement Order Regarding [490-1] Objection by Beacon Residential Properties, Mandela Residents Cooperative Ass'n., City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority, Stephen S. Gray. SUSTAINED. Entered on 7/3/97 (mcm) (Entered: 07/08/1997)
07/03/1997 Endorsement Order Regarding [434-1] Disclosure Statement by Edmund I. Shamsi Pres. of Shamir Const. NOT APPROVED. Entered on 7/3/97 (mcm) (Entered: 07/08/1997)
07/03/1997 511 Kenner, J. Order Regarding [434-1] Disclosure Statement by Edmund I. Shamsi. HEARING HELD. THE COURT FIND THAT THE DISCLOSURE STATEMENT OF EDMUND I. SHAMSI DOES NOT CONTAIN ADEQUATE INFORMATION AND IS NOT APPROVED FOR THE REASONS STATED ON THE RECORD. Entered on 7/3/97 (mcm) (Entered: 07/08/1997)
07/03/1997 Hearing Held Re: [434-1] Disclosure Statement by Edmund I. Shamsi. SEE ORDER (mcm) (Entered: 07/08/1997)
07/07/1997 Endorsement Order Regarding [491-1] Objection by Winter Hill Federal Savings Bank. SUSTAINED. Entered on 7/3/97 (mcm) (Entered: 07/08/1997)
07/08/1997 512 Amended [419-1] Disclosure Statement . Filed by: Leonard M. Krulewich for Gary Leroy, Mourad, Owens & Associates (mcm) (Entered: 07/08/1997)
07/08/1997 513 Amended [418-1] Chapter 11 Plan . Filed by: Leonard M. Krulewich for Gary Leroy, Mourad, Owens & Associates (Attached as Exhibit "A" to Doc. #512) (mcm) (Entered: 07/08/1997)
07/08/1997 514 Motion By Leonard M. Krulewich For Approval On [512-1] Disclosure Statement Amended by Leonard M. Krulewich For Gary Leroy and Mourad, Owens & Associates LLC . (mcm) (Entered: 07/08/1997)
07/08/1997 515 Certificate Of Service By Leonard M. Krulewich Of [514-1] Motion For Approval On [512-1] Disclosure Statement Amended by Leonard M. Krulewich For Gary Leroy and Mourad, Owens & Associates LLC by Leonard M. Krulewich, [512-1] Disclosure Statement Amended by Leonard M. Krulewich, [513-1] Plan Amended by Leonard M. Krulewich . (mcm) (Entered: 07/08/1997)
07/08/1997 516 Response By Mandela Residents Cooperative Ass'n. To [501-1] Motion For Order Re: [430-1] Disclosure Statement with Respect to Joint Plan of Reorganization by Mandela Residents Cooperative Ass'n., Beacon Residential Properties by Thelma Barros . c/s (mcm) (Entered: 07/09/1997)
07/09/1997 Hearing Re: [514-1] Motion For Approval On [512-1] Disclosure Statement Amended by Leonard M. Krulewich For Gary Leroy and Mourad, Owens & Associates LLC by Leonard M. Krulewich schd For 9:30 8/5/97 at Courtroom 4, Objections to Disclosure Stmt Due: 4:00 7/28/97 (ma) (Entered: 07/09/1997)
07/14/1997 517 Transcript of Hearing Held on 3/29/96 [84-2] Motion Modify Order On Use Of Cash Collateral For Payments Of Utility Deposits by V & M Management, Inc., [84-1] Motion To Determine Adequate Assurance Of Utility Payments by V & M Management, Inc. Court Reporter: Mary Donnellan (mcm) (Entered: 07/14/1997)
07/14/1997 518 Transcript of Hearing Held on 2/14/96 [27-2] Application To Authorize Payment Of Retainer by V & M Management, Inc., [27-1] Application To Employ Successor Counsel Harold Murphy And The Firm Of Hanify & King, P.C. by V & M Management, Inc. Court Reporter: Regina Brooks (mcm) (Entered: 07/14/1997)
07/16/1997 519 Transcript of Hearing Held on 2/1/96 [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc., [10-1] Motion For Relief from Automatic Stay by Judith Moriarty & Mario Nicosia Court Reporter: Mary Artesani (mcm) (Entered: 07/16/1997)
07/16/1997 520 Transcript of Hearing Held on 2/22/97 [12-1] Motion For Authorization To Use Cash Collateral by V & M Management, Inc. Court Reporter: Mary L. Artesani (mcm) (Entered: 07/16/1997)
07/16/1997 521 Transcript of Hearing Held on 3/25/97 [103-2] Motion (To Shorten Time Period for Production Of Documents) F.R.C.P. 34(b) by V & M Management, Inc., [103-1] Motion For Production of Documents From The Boston ReDevelopment Authority, The Department of Revenue, ANd The City of Boston Pursuant to Rule 2004 by V & M Management, Inc. Court Reporter: Mary Jo Tedder (mcm) (Entered: 07/16/1997)
07/17/1997 522 Transcript of Hearing Held on 3/11/97 [79-1] Motion For Authority To Conduct Examination of Barbara Jones Pursuant To Bankruptcy Rule 2004 by Judith Moriarty & Mario Nicosia, [76-1] Motion For Examination of Barbara Jones Under Rule 2004 an to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [74-1] Motion For Examination of Robert Munro Under Rule 2004 and to Produce Documents for Examination by Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, [73-2] Motion For Expedited Determination by Judith Moriarty & Mario Nicosia Court Reporter: Mary Artesani (mcm) (Entered: 07/17/1997)
07/21/1997 523 Memorandum Of Decision Issued by: Kenner, J. Re: [325-2] Motion Reassignment of Case to Another Judge by Alphonse Mourad, [325-1] Motion For Change Of Venue by Alphonse Mourad ***SEE MEMORANDUM OF DECISION DOC. #523 FOR COMPLETE TEXT*** (mcm) (Entered: 07/21/1997)
07/21/1997 524 Kenner, J. Order Denying [325-2] Motion Reassignment of Case to Another Judge by Alphonse Mourad, Denying [325-1] Motion For Change Of Venue by Alphonse Mourad. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF ALPHONSE MOURAD FOR A CHANGE OF VENUE OR REASSIGNMENT OF CASE TO ANOTHER JUDGE IS HEREBY DENIED. Entered on 7/21/97 (mcm) (Entered: 07/21/1997)
07/21/1997 525 Kenner, J. Memorandum Re: [501-1] Motion For Order Re: [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties by Thelma Barros. THELMA BARROS, A TENANT, APPEARING PRO SE, FILED A MOTION ON JUNE 26, 1997, SEEKING AN ORDER "TO DISMISS" THE DISCLOSURE STATEMENT SUBMITTED BY MANDELA RESIDENTS COOPERATIVE ASSOCIATION AND BEACON RESIDENTIAL PROPERTIES. THE MANDELA RESIDENTS COOPERATIVE ASSOCIATION OPPOSES THE MOTION. THE COURT WILL DENY HER MOTION AS MOOT: THE COURT RULED ON JUNE 11, 1997 THAT THE DISCLOSURE STATEMENT WAS NO APPROVED. (mcm) (Entered: 07/21/1997)
07/21/1997 526 Kenner, J. Order Denying [501-1] Motion For Order Re: [430-1] Disclosure Statement by Mandela Residents Cooperative Ass'n., Beacon Residential Properties by Thelma Barros . THE MOTION OF THELMA BARROS TO DISMISS THE DISCLOSURE STATEMENT OF MANDELA RESIDENTS COOPERATIVE ASSOCIATION ET AL IS DENIED. Entered on 7/21/97 (mcm) (Entered: 07/21/1997)
07/28/1997 527 Joint Objection By Trustee Stephen S. Gray, Boston Redevelopment Authority, Massachusetts Department of Revenue, Creditor City of Boston, The, Winter Hill Federal Savings Bank, Mandela Residents Cooperative Ass'n., Beacon Residential Properties To [512-1] Amended Disclosure Statement of Gary Leroy and Mourad, Ownes & Assoc., LLC. c/s Amended by Leonard M. Krulewich . (mcm) (Entered: 07/28/1997)
07/28/1997 528 Objection By Mourad, Owens & Associates, Gary Leroy To [504-1] Disclosure Statement and Joint Plan of Reorganization by Stephen S. Gray, Mandela Residents Coopertive Assoc., Inc., Beacon Residential Properties and Winter Hill Federal SAvings Bank c/s (mcm) (Entered: 07/28/1997)
08/01/1997 529 Emergency Motion By Alphonse Mourad To Reconsider Order [524-1] dated 7/21/97 RE: Motion for Recusal Before August 5, 1997 Hearing (mcm) (Entered: 08/01/1997)
08/01/1997 530 Alphonse Mourad's Motion To Withdraw Without Prejudice Mourad's Motion [495-1] In Opposition To The [485-1] Motion Of Winter Hill Savings Bank For Relief from Automatic Stay . (mnd) (Entered: 08/01/1997)
08/01/1997 531 Alphonse Mourad's, Motion To Compel The Winter Hill Federal Savings Bank To Explain Why Winter Hill Federal Savings Bank Will Not Offer The Same Discount To Both Parties Filing Planls And Disclosure Statements With Regard To The Purchase And Reorganization Of The Debtor's Property, The Mandela Apartments . (mnd) (Entered: 08/01/1997)
08/01/1997 532 Certificate Of Service By Party Alphonse Mourad Of [529-1] Motion To Reconsider Order [524-1] dated 7/21/97 by Alphonse Mourad, [530-1] Motion To Withdraw Without Prejudice Mourad's Motion [495-1] In Opposition To The [485-1] Motion Of Winter Hill Savings Bank For Relief from Automatic Stay by Alphonse Mourad, [531-1] Motion To Compel The Winter Hill Federal Savings Bank To Explain Why Winter Hill Federal Savings Bank Will Not Offer The Same Discount To Both Parties Filing Planls And Disclosure Statements With Regard To The Purchase And Reorganization Of The Debtor's Property, The Mandela Apartments by Alphonse Mourad . (mnd) (Entered: 08/01/1997)
08/04/1997 533 Addemdum to [504-1] Disclosure Statement, and Joint Plan or Reorganization Filed By Trustee Stephen S. Gray, Mandela Residents Cooperative Assoc., Inc., Beacon Residential Properties Limited Partnership and Winter Hill Federal Savings Bank. c/s (mcm) (Entered: 08/04/1997)
08/04/1997 534 Response By Trustee Stephen S. Gray, Mandela Residents Cooperative Ass'n., Beacon Residential Properties, Winter Hill Federal Savings Bank To [528-1] Objection by Gary Leroy, Mourad, Owens & Associates, of [504-1] Disclosure Statement and Joint Plan of Reorganization by S. Gray, Mandela Residents Cooperative Assoc., Inc. Beacon Residential Properties Limited Partnership and Winter Hill Federal Savings. c/s (mcm) (Entered: 08/04/1997)
08/04/1997 535 Limited Objection By United States Trustee To [529-1] Emergency Motion For Reconsideration by Alphonse Mourad RE:Order [524-1] dated 7/21/97. C/s (mcm) (Entered: 08/04/1997)
08/04/1997 536 Kenner, J. Order Denying [529-1] Emergency Motion For Reconsideration of Alphonse Mourad Moution for Recusal Before August 5, 1997 Hearing Re: Order [524-1] dated 7/21/97. THE EMERGENCY MOTION FOR RECONSIDERATION OF ALPHONSE MOURAD'S MOTION FOR RECUSAL BEFORE AUGUST 5, 1997 HEARING WAS FILED ON AUGUST 1, 1997. THE MOTION FOR RECONSIDERATION IS DENIED. THE COURT WILL ISSUE A MEMORANDUM OF REASONS IN THE NEAR FUTURE. Entered on 8/4/97 (mcm) (Entered: 08/04/1997)
08/04/1997 537 Motion of 93 Mandela Residents To Intervene and Remove Trustee Gray C.S. Exhibit Attached. (mcm) (Entered: 08/04/1997)
08/04/1997 538 Objection By Trustee Stephen S. Gray To [529-1] Emergency Motion For Reconsideration of Motion for Recusal Before August 5, 1997 hearing by Alphonse Mourad RE: Order [524-1] dated 7/21/97. c/s (mcm) (Entered: 08/04/1997)
08/05/1997 539 Motion By Arthur H. Goldsmith To Dismiss Case . c/s (mcm) (Entered: 08/05/1997)
08/05/1997 540 Amendment To [512-1] Amended Disclosure Statement . Filed By: Gary Leroy, Mourad, Owens & Associates ***Filed in Open Court 8/5/97*** (mcm) (Entered: 08/05/1997)
08/05/1997 541 Form Of Ballot. **Filed in Open Court 8/5/97** (mcm) (Entered: 08/05/1997)
08/05/1997 542 "Form of Cover Letter to Creditors". ***Filed in Open Court 8/5/97*** (mcm) (Entered: 08/05/1997)
08/05/1997 543 Notice of Appearance And Request For Service Of Notice By Robert J. Baum for Interested Party Gary Leroy, Interested Party Mourad, Owens & Associates. (mcm) (Entered: 08/05/1997)
08/05/1997 Endorsement Order Overruling [528-1] Objection by Gary Leroy, Mourad, Owens & Associates. THE COURT WILL ADDRESS FEASIBILITY ISSUES AT CONFIRMATION. THIS OBJECTION IS OVERRULED. Entered on 8/5/97 (mcm) (Entered: 08/05/1997)
08/05/1997 Endorsement Order Overruling [527-1] Objection by Beacon Residential Properties, Mandela Residents Cooperative Ass'n., Winter Hill Federal Savings Bank, City of Boston, The, Massachusetts Department of Revenue, Boston Redevelopment Authority, Stephen S. Gray. FEASIBILITY ISSUES WILL BE ADDRESSED AT CONFIRMATION. THE AMENDMENT FILED TODAY SATISFIES THE REQUIREMENTS OF SEC. 1125. THIS OBJECTION IS OVERRULED. Entered on 8/5/97 (mcm) (Entered: 08/05/1997)
08/05/1997 544 Kenner J. Order Approving [504-1] Disclosure Statement by Stephen S. Gray . HEARING HELD. THE DISCLOSURE STATEMENT WITH RESPECT TO JOINT PLAN OF REORGANIZATION BY CH. 11 TRUSTEE, WINTER HILL FEDERAL SAVINGS BANK, MANDELA RESIDENTIAL COOPERATIVE ASSOC. AND BEACON RESIDENTIAL IS APPROVED. THE COURT MAKES NO FINDING AS TO WHETER THE PLAN IS CONFIRMABLE UNDER SECTION 1129 OF THE BANKRUPTCY CODE. THE CONFIRMATION HEARING WILL BE HELD ON FRIDAY, SEPTEMBER 26, 1997 AT 9:30 A.M.. ALL OBJECTIONS TO CONFIRMATION AND ALL BALLOTS MUST BE FILED WITH THE COURT ON OR BEFORE SEPTEMBER 19, 1997 AT NOON. ONLY BALLOTS TIMLEY FILED WITH THE COURT WILL BE COUNTED. ANY AFFIDAVITS RE. SECTION 1129 MUST BE FILED ON OR BEFORE SEPTEMBER 22, 1997 AT 4:00 P.M.. ALL FINAL FEE APPLICATIONS MUST BE FILED ON OR BEFORE AUGUST 29, 1997 AT 4:00 P.M.. ANY OBJECTION MUST BE FILED ON OR BEFORE SEPTEMBER 12, 1997 AT 4:00 P.M.. A HEARING WILL BE HELD ON SEPTEMBER 19, 1997 AT 9:30 A.M.. TRUSTEE'S COUNSEL WILL GIVE NOTICE. BOTH PLAN PROPONENTS WILL SERVE THE PACKAGE ON ALL CREDITORS NO LATER THAN 12:00 NOON ON FRIDAY, AUGUST 8, 1997 AND SHARE THE COST OF POSTAGE AND PHOTO COPYING. ATTY. SHAPIRO IS ORDERED TO NOTIFY LEROY, MOURAD& OWENS OF AMOUNT OF POST PETITION EXCISE TAX OBLIGATION ON OR BEFORE AUGUST 15, 1997. Entered on 8/5/97 (mem) (Entered: 08/05/1997)
08/05/1997 545 Kenner, J. Order Approving [512-1] Disclosure Statement Amended by Gary Leroy, Mourad, Owens & Associates HEARING HELD. THE COURT APPROVED THE DISCLOSURE STATEMENT OF LEROY, MOURAD, OWENS & ASSOCIATES AS AMENDED IN OPEN COURT. THE COURT MAKES NO FINDING AS TO WHETHER THE PLAN IS CONFIRMABLE UNDER SECTION 1129 OF THE BANKRUPTCY CODE. THE CONFIRMATION HEARING WILL BE HELD ON FRIDAY, SEPTEMBER 26, 1997 AT 9:30 A.M.. ALL OBJECTIONS TO CONFIRMATION AND THE BALLOTS MUST BE FILED WITH THE COURT ON OR BEFORE SEPTEMBER 19, 1997 AT NOON. ONLY BALLOTS FILED TIMELY WITH THE COURT WILL BE COUNTED. ANY AFFIDAVITS RE. SECTION 1129 MUST BE FILED ON OR BEFORE SEPTEMBER 22, 1997 AT 4:00 P.M. FINAL FEE APPLICATIONS MUST BE FILED ON OR BEFORE AUGUST 29, 1997 AT 4:00 P.M.. ANY OBJECTIONS MUST BE FILED ON OR BEFORE SEPTEMBER 12, 1997 AT 4:00 P.M.. A HEARING WILL BE HELD ON SEPTEMBER 19, 1997 AT 9:30 A.M.. TRUSTEE'S COUNSEL WILL GIVE NOTICE. BOTH PLAN PROPONENTS WILL SERVE THE PACKAGE ON ALL CREDITORS NO LATER THAN 12:00 NOON ON AUGUST 8, 1997 AND SHARE THE COST OF POSTAGE AND PHOTO COPYING. ATTY. SHAPIRO IR ORDERED TO NOTIFY LEROY, MOURAD & OWENS OF AMOUNT OF POST PETITION EXCISE TAX OBLIGATION ON OR BEFORE AUGUST 15, 1997. Entered on 8/5/97 (mem) (Entered: 08/05/1997)
08/05/1997 Hearing Held Re: [514-1] Motion For Approval On [512-1] Disclosure Statement Amended by Leonard M. Krulewich For Gary Leroy and Mourad, Owens & Associates LLC by Leonard M. Krulewich . SEE ORDER. (mcm) (Entered: 08/05/1997)
08/05/1997 Hearing Held Re: [504-1] Disclosure Statement by Stephen S. Gray . SEE ORDER. (mcm) (Entered: 08/05/1997)
08/05/1997 Hearing Re: [513-1] Amended Plan by Leonard M. Krulewich Confirmation Hearing scheduled 9:30 a.m. 9/26/97 at Courtroom 4, Boston. Last Day for Objs To Confirmation: 12:00 9/19/97 Last day file Ballots: 12:00 9/19/97 (mcm) (Entered: 08/05/1997)
08/05/1997 Hearing Re: [505-1] Chapter 11 Plan by Stephen S. Gray Confirmation Hearing scheduled 9:30 a.m. 9/26/97 at Courtroom 4, Boston. Last Day for Objs To Confirmation: 12:00 9/19/97 Last day to file Ballots: 12:00 9/19/97. (mcm) (Entered: 08/05/1997)
08/05/1997 Hearing Re: [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow, [69-1] Application For Compensation as Former Counsel to Chapter 11 Debtor by Frank D. Kirby, [345-1] Application For Compensation And Reimbursement of Expenses by Stephen S. Gray, [346-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey, [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore, [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy, [381-1] Application For Compensation by Alan L. Braunstein, [466-1] Application For Payment of Accounting Fees by Robert F. Munro Scheduled For 9:30 9/19/97 at Courtroom 4, Boston. Objection due 9/12/97 by 4:00 p.m. (mcm) (Entered: 08/11/1997)
08/07/1997 546 Kenner, J. Order Regarding [471-1] Motion To Compel Production of Original Notes for Expert Handwriting Analysis by Alphonse Mourad. ALPHONSE MOURAD'S MOTION TO COMPEL PRODUCTION OF ORIGINAL NOTES FOR EXPERT HANDWRITING ANALYSIS, WHICH I AM TREATING AS A MOTION FOR EXAMINATION UNDER F.R.BANKR.P. 2004, IS HEREBY ALLOWED AS FOLLOWS: JUDITH MORIARTY AND MARIO NICOSIA, AS TRUSTEES OF L & N FIRST MORTGAGE REALTY TRUST, SHALL PRODUCE THE ORIGINAL PROMISSORY NOTES FOR ANALYSIS BY MR. MOURAD'S HANDWRITING ANALYST AT THE OFFICES OF THEIR COUNSEL, VICTOR BASS AND THE FIRM OF FRIEDMAN AND ATHERTON, BUT THE TRUSTEES OF L & N NEED NOT SURRENDER POSSESSION OF THE NOTES TO MR. MOURAD OR THE ANALYST. UNLESS THE TRUSTEES OF L & N AGREE OTHERWISE IN WRITING, THE EXAMINATION MUST BE CONDUCTED IN COUNSEL'S OFFICES. THE ANALYST MAY MAKE COPIES OF THE ORIGINALS IN COUNSEL'S OFFICES AND ANALYZE THE COPIES ELSEWHERE. THE EXAMINATION SHALL BE CONDUCTED AT A MUTUALLY AGREED TIME WITHIN TWENTY DAYS OF THIS ORDER. Entered on 8/7/97 (mcm) (Entered: 08/07/1997)
08/08/1997 547 Transcript of Hearing Held on 8/5/97 RE: [540-1] Amended Disclosure Statement by Mourad, Owens & Associates, Gary Leroy, [504-1] Disclosure Statement by Stephen S. Gray, Chapter 11 Trustee, Mandela Residential Cooperative Assoc., Beacon Residential Properties, LP and Winter Hill Federal Savings Bank. Court Reporter: Mary Artesani (mcm) (Entered: 08/08/1997)
08/08/1997 548 Form of Cover Letter to Creditors filed by Trustee Stephen S. Gray, Gary Leroy, Mourad, Owens & Associates (mcm) (Entered: 08/11/1997)
08/08/1997 549 Sample Ballot filed by Trustee Stephen S. Gray (mcm) (Entered: 08/11/1997)
08/08/1997 550 Notice of Hearing on Applications for Final Allowance of Compensation of Professionals, Deadline for Further Applications and Deadline for Objections to Applications Filed by Paul D. Moore for Trustee Stephen S. Gray [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow, [69-1] Application For Compensation as Former Counsel to Chapter Debtor by Frank D. Kirby, [345-1] Application For Compensation And Reimbursement of Expenses by Stephen S. Gray, [346-1] Application For Fee And Expenses Of For The Chapter 11 Trustee by Keith D. Lowey, [347-1] Application For Allowance Of Attorney's Fees And Expenses Counsel To The Trustee by Paul D. Moore, [372-1] For Compensation as Counsel to the Debtor by Harold B. Murphy, [381-1] Application For Compensation by Alan L. Braunstein, [466-1] Application For Payment of Accounting Fees by Robert F. Munro (mcm) (Entered: 08/11/1997)
08/08/1997 551 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [549-1] Sample Ballot by Stephen S. Gray, Stephen S. Gray, [504-1] Disclosure Statement by Stephen S. Gray, [533-1] Addendum to Disclosure Statement by Stephen S. Gray, [512-1] Amended Disclosure Statement by Leonard M. Krulewich, [550-1] Hearing Notice by Paul D. Moore . (mcm) (Entered: 08/11/1997)
08/11/1997 552 Notice Of Appeal By Alphonse Mourad Appellant Designation Due: 4:00 8/21/97 ; Compiled Records Due by 4:00 9/5/97 Transmission Due: 9/10/97 RE: [536-1] Order dated 8/4/97 Denying Motion For Reconsideration c/s (mcm) (Entered: 08/11/1997)
08/11/1997 553 Filing Fee Not Paid re: [552-1] Notice Appeal by Alphonse Mourad Fee due on 4:00 8/21/97 (mcm) (Entered: 08/11/1997)
08/11/1997 554 Notice by the Court Re: [552-1] Notice Appeal by Alphonse Mourad. Designation of Records due 8/21/97. (mcm) (Entered: 08/11/1997)
08/11/1997 555 Objection By Trustee Stephen S. Gray To [537-1] Motion of 93 Mandela Residents To Intervene and Remove Trustee Gray by Mandela Residents . Exhibits A - J and C/S Attached (mcm) (Entered: 08/11/1997)
08/13/1997 556 Opposition By Creditor Winter Hill Federal Savings Bank To [531-1] Motion To Compel The Winter Hill Federal Savings Bank To Explain Why Winter Hill Federal Savings Bank Will Not Offer The Same Discount To Both Parties Filing Planls And Disclosure Statements With Regard To The Purchase And Reorganization Of The Debtor's Property, The Mandela Apartments by Alphonse Mourad . Exhibit "A" Attached. (mcm) (Entered: 08/13/1997)
08/13/1997 557 Response By Creditor Winter Hill Federal Savings Bank To [530-1] Motion To Withdraw Without Prejudice Mourad's Motion [495-1] In Opposition To The [485-1] Motion Of Winter Hill Savings Bank For Relief from Automatic Stay by Alphonse Mourad . (mcm) (Entered: 08/13/1997)
08/13/1997 558 Certificate Of Service By John C. Hutchins for Creditor Winter Hill Federal Savings Bank Of [557-1] Response to Alphonse Mourad;s Motion to Withdraw Without Prejudice Mourad's Opposition to the Motion of Winter Hill Federal Savings Bank for Relief from Stay by Winter Hill Federal Savings Bank, [556-1] Opposition to Motion to Compel by Winter Hill Federal Savings Bank . (mcm) (Entered: 08/13/1997)
08/14/1997 559 Opposition By Gary Leroy, Mourad, Owens & Associates To [539-1] Motion To Dismiss Case by Arthur H. Goldsmith . c/s (mcm) (Entered: 08/14/1997)
08/14/1997 560 Motion by Gary Leroy, Mourad, Owens & Associates To Bar Winter Hill Federal Savings Bank From Voting on the Plans or Reorganization. (mcm) (Entered: 08/14/1997)
08/14/1997 561 Motion by Gary Leroy, Interested Party Mourad, Owens & Associates To Estimate Claim of Mario Nicosia, Trustee For Voting Purposes (mcm) (Entered: 08/14/1997)
08/14/1997 562 Certificate Of Service By Leonard M. Krulewich for Of [561-1] Motion To Estimate Claim of Mario Nicosia, Trustee For Voting Purposes by Mourad, Owens & Associates, Gary Leroy, [560-1] Motion To Bar Winter Hill Federal Savings Bank From Voting on the Plans or Reorganization. by Mourad, Owens & Associates, Gary Leroy . (mcm) (Entered: 08/14/1997)
08/14/1997 563 Opposition By Beacon Residential Properties, Mandela Residents Cooperative Ass'n. To [537-1] Motion To Intervene and Remove Trustee Gray by Mandela Residents . Exhibits and C/S Attached. (mcm) (Entered: 08/14/1997)
08/14/1997 564 Opposition and Response of The Boston Redevelopment Authority To Alphonse Mourad's [531-1] Motion To Compel The Winter Hill Federal Savings Bank To Explain Why Winter Hill Federal Savings Bank Will Not Offer The Same Discount To Both Parties Filing Planls And Disclosure Statements With Regard To The Purchase And Reorganization Of The Debtor's Property, The Mandela Apartments. (mnd) (Entered: 08/14/1997)
08/14/1997 565 Opposition Of The Chapter 11 Trustee, Winter Hill Federal Savings Bank, The Boston Redevelopment Authority, And Beacon Residential Properties Limited Partnership To [539-1] Author H. Goldsmith's Motion To Dismiss. (mnd) (Entered: 08/14/1997)
08/14/1997 566 Memorandum Of Law In Support of [565-1] Opposition Of The Chapter 11 Trustee, Winter Hill Federal Savings Bank, The Boston Redevelopment Authority, And Beacon Residential Properties Limited Partnership,To [539-1] Arthur G. Goldsmith's Motion To Dismiss Case. (mnd) (Entered: 08/14/1997)
08/14/1997 567 Opposition Of The BRA To [537-1] Motion of 93 Mandela Residents To Intervene and Remove Trustee Gray. (mnd) (Entered: 08/14/1997)
08/14/1997 568 Certificate Of Service By Nina F. Lempert for Creditor Boston Redevelopment Authority Of [564-1] Objection by BRA, [565-1] Objection by Beacon Residential Properties, Boston Redevelopment Authority, Winter Hill Federal Savings Bank, Stephen S. Gray, [566-1] Support Brief/Memorandum by Beacon Residential Properties, Boston Redevelopment Authority, Winter Hill Federal Savings Bank, Stephen S. Gray, [567-1] Objection by Boston Redevelopment Authority . (mnd) (Entered: 08/14/1997)
08/15/1997 569 Ballot by Edward Mourad to Accept [513-1] Amended Plan of Gary Leory and Mourad, Owens & Assoc. filed by Leonard M. Krulewich Rejected Plan of Stephen Gray, etal (mcm) (Entered: 08/18/1997)
08/15/1997 570 Ballot by Alphonse Simon, Noha Simon to Accept [513-1] Amended Plan of Gary Leroy and Mourad Owens & Assoc. filed by Leonard M. Krulewich Rejected Plan of Stephen Gray, etal (mcm) (Entered: 08/18/1997)
08/15/1997 571 Ballot by Edward Mourad to Accept [513-1] Amended Plan of Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich Rejected Plan of Stephen Gray, etal (mcm) (Entered: 08/18/1997)
08/19/1997 572 Ballot by Chardon Financial Services, Inc to Accept [513-1] Amended Plan of Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich Rejected Joint Plan filed by Stephen Gray, etal (mcm) (Entered: 08/19/1997)
08/20/1997 573 Motion By Interested Party Alphonse Mourad To Extend Time To Perfect Appeal . c/s (mcm) (Entered: 08/20/1997)
08/20/1997 574 Filing Fee Paid Re: Amount: $ 105.00 [553-1] Not Paid Fee (mcm) (Entered: 08/20/1997)
08/20/1997 Endorsement Order Granting [573-1] Motion To Extend Time To Perfect Appeal by Alphonse Mourad. GRANTED. Entered on 8/20/97 (mcm) (Entered: 08/21/1997)
08/21/1997 575 Ballot by Harrison Supply Co., Inc. to Accept [513-1] Amended Plan of Reorganization of Gary Leroy & Mourad Owens & Assoc. filed by Leonard M. Krulewich Rejects Joint Plan filed by Stepen Gray, etal (mcm) (Entered: 08/22/1997)
08/21/1997 576 Ballot by James Dillon, Jr. to Accept [513-1] Amended Plan of Reorganization of Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich Rejects Joint Plan filed by Stephen Gray, eta (mcm) (Entered: 08/22/1997)
08/21/1997 577 Ballot by Boston Drain Co., Inc. to Accept [513-1] Amended Plan of Reorganization of Gary Leroy & Mourad, Oswnes & Assoc. filed by Leonard M. Krulewich Rejects Joint Plan filed by Stephen Gray, etal (mcm) (Entered: 08/22/1997)
08/22/1997 578 Kenner, J. Order Regarding [530-1] Motion To Withdraw Without Prejudice Mourad's Motion [495-1] In Opposition To The [485-1] Motion Of Winter Hill Savings Bank For Relief from Automatic Stay by Alphonse Mourad. THE MOTION OF ALPHONSE MOURAD TO WITHDRAW WITHOUT PREJUDICE MOURAD'S MOTION IN OPPOSITION TO THE MOTION OF WINTER HILL FEDERAL SAVINGS BANK FOR RELIEF FROM THE AUTOMATIC STAY IS HEREBY DENIED AS MOOT. Entered on 8/22/97 **See Order Doc. #578 for Complete Text** (mcm) (Entered: 08/22/1997)
08/22/1997 579 Motion By Creditor Arthur H. Goldsmith To Strike [566-1] Portion of The Joint Memorandum in Opposition to his Motion to Dismiss by Beacon Residential Properties, Boston Redevelopment Authority, Winter Hill Federal Savings Bank, Stephen S. Gray , and To Sanction and/or Require Nina Lempert to Explain Why She Deliverately Included False Assertions in Her Memorandum to Impugn Counsel c/s (mcm) (Entered: 08/22/1997)
08/22/1997 580 Supplemental Certificate Of Service By Of [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy . (mcm) (Entered: 08/22/1997)
08/22/1997 581 Opposition By Creditor Winter Hill Federal Savings Bank To [560-1] Motion To Bar Winter Hill Federal Savings Bank From Voting on the Plans of Reorganization. by Mourad, Owens & Associates, Gary Leroy . c/s (mcm) (Entered: 08/22/1997)
08/22/1997 582 Ballot by Burns International Security Service (signed by Jeffrey M. Driesen) to Accept [513-1] Amended Plan of Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich. Rejects Joint Plan of Stephen S. Gray, etal. (mcm) (Entered: 08/25/1997)
08/22/1997 583 Ballot by Stephen M. Foley to Accept [513-1] Amended Plan of Gary Leroy & Mourad, Ownes & Assoc. filed by Leonard M. Krulewich (mcm) (Entered: 08/25/1997)
08/25/1997 584 Ballot by Bostonian Cleaning & Restoration, Inc., (Signed By Carol A. Barry) to Accept [513-1] Amended Plan or Reorganization by Gary Leroy & Mourad, Owens & Assoc. filed by Leonard M. Krulewich. Rejects Joint Plan filed by Stephen Gray, etal (mcm) (Entered: 08/25/1997)
08/27/1997 585 Ballot by Gary Leroy to Accept [513-1] Amended Plan or Reorganization by Gary Leroy & Mourad Owens & Assoc. filed by Leonard M. Krulewich Rejects Joint Plan by Stephen Gray, etal (mcm) (Entered: 08/27/1997)
08/27/1997 586 Ballot by Habib & Doris Mourad to Accept [513-1] Amended Plan of Reorganization by Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich (mcm) (Entered: 08/27/1997)
08/28/1997 587 Opposition By Creditor Mario Nicosia/Judith Moriarty, L&N Trust To [561-1] Motion To Estimate Claim of Mario Nicosia, Trustee For Voting Purposes by Mourad, Owens & Associates, Gary Leroy . c/s (mem) (Entered: 08/29/1997)
08/29/1997 588 Memorandum of Decision Issued by: Kenner, J. Re: [529-1] Emergency Motion for Reconsideration of Alphonse Mourad's Motion for Rescusal before August 5, 1997 Hearing. (See Memo ) Entered on 8/29/97 (mem) (Entered: 08/29/1997)
08/29/1997 589 Kenner , J. Order Denying [579-2] Motion To Sanction and/or Require Nina Lempert to Explain Why She Deliverately Included False Assertions in Her Memorandum to Impugn Counsel by Arthur H. Goldsmith, Denying [579-1] Motion To Strike [566-1] Portion of The Joint Memorandum in Opposition to his Motion to Dismiss by Beacon Residential Properties, Boston Redevelopment Authority, Winter Hill Federal Savings Bank, Stephen S. Gray by Arthur H. Goldsmith . DENIED. Entered on 8/29/97 (mem) (Entered: 08/29/1997)
08/29/1997 Endorsement Order Denying [539-1] Motion To Dismiss Case by Arthur H. Goldsmith DENIED. Entered on 8/29/97 (mem) (Entered: 08/29/1997)
08/29/1997 590 Kenner, J. Memorandum of Decision and Order Re: [539-1] Motion To Dismiss Case by Arthur H. Goldsmith (See Memo for Text) (mem) (Entered: 08/29/1997)
08/29/1997 590 Kenner, J. Order Denying [539-1] Motion To Dismiss Case by Arthur H. Goldsmith . Entered on 8/29/97 (mem) (Entered: 08/29/1997)
08/29/1997 591 Motion by Interested Party Gary Leroy, Mourad, Owens & Associates To Estop Claimants, Winter Hill Federal Savings Bank, Department of Revenue and Boston Redevelopment Authority from Asserting Positions Regarding the Satisfaction of their Claims under the Proposed Plan of Reorganization of Gary Leroy and Mourad Owens LLC which are Inconsistent with and Contrary to the Positions they have taken with Respect to those Claims under at least Two other Previously Proposed Plans C/S (mem) (Entered: 08/29/1997)
08/29/1997 592 Choate, Hall & Stewart's Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation . Exhibits attached. (ndl) (Entered: 08/29/1997)
08/29/1997 593 Final Application of Stephen S. Gray, Chapter 11 Trustee For Compensation And Reimbursement Of Expenses . Exhibits attached. (ndl) (Entered: 08/29/1997)
08/29/1997 594 Application By accountant Keith D. Lowey For Fee And Expenses Of Accountant For The Chapter 11 Trustee . Exhibits attached. (ndl) (Entered: 08/29/1997)
08/29/1997 595 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [592-1] Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation by Paul D. Moore, [593-1] Application For Compensation And Reimbursement Of Expenses by Stephen S. Gray, [594-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey . (ndl) (Entered: 08/29/1997)
08/29/1997 596 Ballot by Patton Boggs,L.L.P Formerly Known as Patton, Boggs & Blow (Signed by John D. Abernathy) to Accept [505-1] Joint Plan Plan by Stephen S. Gray et al . Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mnd) (Entered: 09/02/1997)
09/02/1997 597 Kenner J. Memorandum Of Decision On [531-1] Motion Of ALphonse Mourad To Compel The Winter Hill Federal Savings Bank To Explain. I CONCLUDE THAT WINTER HILL HAS QUITE ADEQUATELY EXPLAINED WINTER HILL'S SUPPORT FOR THE JOINT PLAN. ITS REASONS ARE COMPELLING AND ITS CONCERNS ARE ENTIRELY VALID. THEREFORE, THE MOTION IS SATISFIED. A SEPERATE ORDER WILL ENTER DENYING THE MOTION AS MOOT. SEE MEMORANDUM OF DECISION FOR COMPLETE TEXT. (mnd) (Entered: 09/02/1997)
09/02/1997 598 kenner J. Order On [531-1] Motion Of Alphonse Mourad To Compel Winter Hill Federal Savings Bank To Explain. FOR THE REASONS SET FORTH IN THE SEPERATE MEMORANDUM OF DECISION ISSUED TODAY, ALPHONSE MOURAD'S MOTION TO COMPEL THE WINTER HILL FEDERAL SAVINGS BANK TO EXPLAIN WHY WINTER HILL FEDERAL SAVINGS BANK WILL NOT OFFER THE SAME DISCOUNT TO BOTH PARTIES FILING PLANS AND DISCLOSURE STATEMENTS WITH REGARD TO THE PURCHASE AND REORGANIZATION OF THE DEBTOR'S PROPERTY, THE MANDELA APARTMENTS, IS HEREBY DENIED AS MOOT: WINTER HILL HAS SUPPLIED THE REQUESTED EXPLANATION. Entered on 9.2.97 (mnd) (Entered: 09/02/1997)
09/02/1997 599 Kenner J. Memorandum Of Decision On [537-1] Motion Of 93 Mandela Residents To Intervene and Remove Trustee Gray. I CONCLUDE THAT THE MOTION IS UNSIGNED AND THUS VIOLATES RULE 9011(a);2 THAT IT IS NOT SUPPORTED BY A VALID CERTIFICATE OF SERVICE, AND, FOR BOTH REASONS, THAT THE MOTION SHOULD BE STRICKEN. DENIAL OF THIS MOTION IS WITHOUT PREJUDICE; IT MAY BE REFILED WITH PROPER SIGNATURES AND A VALID CERTIFICATE OF SERVICE. THE COURT MAKES NO RULING WHATSOEVER ON THE MERITS OF THE MOTION. SEE MEMORANDUM OF DECISION FOR COMPLETE TEXT. (mnd) (Entered: 09/02/1997)
09/02/1997 600 Kenner J. Order On [537-1] Motion Of 93 Mandela Residents To Intervene and Remove Trustee Gray. FOR THE REASONS SET FORTH IN THE SEPERATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF 93 MANDELA RESIDENTS TO INTERVENE AND REMOVE TRUSTEE GRAY IS HEREBY STRICKEN WITHOUT PREJUDICE TO BEING REFILED WITH PROPER SIGNATURES ON THE MOTION ITSELF AND VALID CERTIFICATE OF SERVICE. Entered on 9.2.97 (mnd) (Entered: 09/02/1997)
09/02/1997 601 Joint Objection By Stephen S. Gray, Winter Hill Federal Savings Bank, Boston Redevelopment Authority, Beacon Residential Properties To [579-1] Motion To Strike [566-1] Portion of The Joint Memorandum in Opposition to his Motion to Dismiss by Beacon Residential Properties, Boston Redevelopment Authority, Winter Hill Federal Savings Bank, Stephen S. Gray by Arthur H. Goldsmith, [579-2] Motion To Sanction and/or Require Nina Lempert to Explain Why She Deliverately Included False Assertions in Her Memorandum to Impugn Counsel by Arthur H. Goldsmith. Exhibit "A" Attached. c/s (mcm) (Entered: 09/03/1997)
09/02/1997 602 Ballot by Matthew J. Mallen to Accept [513-1] Amended Plan of Reorganization of Gary Leroy & Mourad, Owens & Assoc. filed by Leonard M. Krulewich Rejects Joint Plan of Stephen Gray, etal (mcm) (Entered: 09/03/1997)
09/05/1997 603 Ballot by Victor Aronow to Accept [513-1] Amended Plan of Gary Leory and Mourad, Owens & Assoc. filed by Leonard M. Krulewich. Rejects Joint Plan filed by Stephen S. Gray, etal (mcm) (Entered: 09/05/1997)
09/05/1997 604 Ballot by Georgette Maalouf to Accept [513-1] Amended Plan of Reorganization of Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich. Rejects Joint Plan filed by Stephen Gray, etal (mcm) (Entered: 09/05/1997)
09/05/1997 605 Opposition By Winter Hill Federal Savings Bank, Massachusetts Department of Revenue, Boston Redevelopment Authority To [591-1] Motion To Claimants, Winter Hill Federal Savings Bank, Department of Revenue and Boston Redevelopment Authority from Asserting Positions Regarding the Satisfaction of their Claims under the Proposed Plan of Reorganization of Gary Leroy and Owens LLC which are Inconsistent with and Contrary to the Positions they have taken with Respect to those Claims at least Two other Previously Proposed Plans by Mourad, Owens & Associates, Gary Leroy. Exhibit "A" And C/S Attached. (mcm) (Entered: 09/08/1997)
09/09/1997 606 Ballot by Beacon Residential Properties Limited Partnership to Accept [505-1] Joint Plan or Reorganization by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy & Mourad, Owens & Assoc. (mcm) (Entered: 09/09/1997)
09/09/1997 607 Objection By Alphonse Mourad To [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy . Exhibits Attached (mcm) (Entered: 09/10/1997)
09/09/1997 608 Objection By Alphonse Mourad To [593-1] Application For Compensation And Reimbursement Of Expenses by Stephen S. Gray, [592-1] Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation by Paul D. Moore . Exhibits Attached. (mcm) (Entered: 09/10/1997)
09/09/1997 609 Certificate Of Service By Alphonse Mourad Of [608-1] Objection by Alphonse Mourad, [607-1] Objection by Alphonse Mourad. (mcm) (Entered: 09/10/1997)
09/10/1997 610 Ballot by Norel Service Co. (signed by Thoms Nestor) Accepts both [513-1] Amended Plan of Gary Leroy & Mourad, Owens filed by Leonard M. Krulewich, and [505-1] Joint Plan by Stephen S. Gray, etal (mcm) (Entered: 09/10/1997)
09/10/1997 611 Ballot by Casner & Edwards (signed by Randi Levine) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal (mcm) (Entered: 09/10/1997)
09/11/1997 612 Objection By Creditors Mourad & Owens, LLC and Gary Leroy To Joint Plan Of Reorganization Of Stephen S. Gray, Chapter 11 Trustee, Mandela Residents Cooperative Association, Inc. Beacon Residential Properties And Winter Hill Federal Savings Bank. Re: [505-1] Chapter 11 Plan by Stephen S. Gray. C/S. (ndl) (Entered: 09/11/1997)
09/12/1997 613 Opposition By Edmund I. Shamsi. To [593-1] Final Application For Compensation And Reimbursement Of Expenses by Stephen S. Gray . (mcm) (Entered: 09/12/1997)
09/12/1997 614 Opposition By Creditor Edmund I. Shamsi To [592-1] Final Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation by Paul D. Moore . (mcm) (Entered: 09/12/1997)
09/12/1997 615 Certificate Of Service By Stephen A. Greenbaum Of [614-1] Objection to Final Applicaiton for Allowance of Attorney's Fee's and Expenses of Chate, Hall & Stewart [613-1] Objection to Final Fees of Trustee Stephe S. Gray by Edmund I. Shamsi (mcm) (Entered: 09/12/1997)
09/12/1997 616 Objection By Creditor Winter Hill Federal Savings Bank To [345-1] Application For Compensation And Reimbursement of Expenses by Stephen S. Gray, [593-1] Application For Compensation And Reimbursement Of Expenses by Stephen S. Gray, [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore, [592-1] Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation by Paul D. Moore . c/s (mcm) (Entered: 09/12/1997)
09/12/1997 617 Response By Hanify & King To [607-1] Objection by Alphonse Mourad, RE: [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy . c/s (mcm) (Entered: 09/15/1997)
09/12/1997 618 Objection By Gary Leroy, Mourad, Owens & Associates To [594-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey . Exhibits and C/S Attached (mcm) (Entered: 09/15/1997)
09/12/1997 619 Objection By Gary Leroy, Mourad, Owens & Associates To [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy . c/s (mcm) (Entered: 09/15/1997)
09/12/1997 620 Objection By Gary Leroy, Mourad, Owens & Associates To [593-1] Application For Compensation And Reimbursement Of Expenses by Stephen S. Gray . Exhibits and C/S Attached (mcm) (Entered: 09/15/1997)
09/12/1997 621 Objection By Gary Leroy, Mourad, Owens & Associates To [592-1] Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation by Paul D. Moore . Exhibits and C/S Attached. (mcm) (Entered: 09/15/1997)
09/15/1997 622 Ballot by Arthur H. Goldsmith to Accept [513-1] Amended Plan of Reorganization of Gary Leroy & Mourad, Ownes & Assoc. filed by Leonard M. Krulewich Rejects Joint Plan of Stephen Gray, etal (mcm) (Entered: 09/15/1997)
09/15/1997 623 Ballot by Boston Private Bank & Trust Co. (Signed by James Dawson, Executive V.P.) Accepts [513-1] Amended Plan of Reorganization of Gary Leroy & Mourad, Owens & Assoc. filed by Leonard M. Krulewich, Also Accepts [505-1] Joint Chapter 11 Plan filed by Stephen Gray, etal by Stephen S. Gray (mcm) (Entered: 09/15/1997)
09/16/1997 624 Ballot by The Goodman Group, Ltd. (Signed by Ian Goodman, President) to Accept [505-1] Joint Chapter 11 Plan filed by Stephen S. Gray, etal (mcm) (Entered: 09/16/1997)
09/16/1997 625 Objection to Confirmation By United States of America, IRS To [513-1] Amended Plan of Reorganization of Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich . c/s (mcm) (Entered: 09/16/1997)
09/16/1997 626 Objection to ConfirmationBy Creditor United States of America, IRS To [505-1] Joint Plan of Reorganziation filed by Stephen S. Gray. etal. c/s (mcm) (Entered: 09/16/1997)
09/16/1997 627 Limited Response By Hanify & King To [619-1] Opposition by Mourad, Owens & Associates, Gary Leroy, [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy . c/s (mcm) (Entered: 09/17/1997)
09/17/1997 628 Ballot by Boston Redevelopment Authority (Signed by Thomas N. O'Brien) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy & Mourad, Owens & Assoc. (mcm) (Entered: 09/17/1997)
09/17/1997 629 Ballot by Boston Police Dept. (Signed by Mark Sweeney) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray etal. Rejects Amended Plan of Gary Leroy & Mourad, Owens & Associates. (mcm) (Entered: 09/17/1997)
09/17/1997 630 Ballot by James A. Frieden to Accept [513-1] Amended Plan of Reorganization of Gary Leroy & Mourad, Owens & Assoc. filed by Leonard M. Krulewich Rejects Joint Plan filed by Stephen Gray, etal (mcm) (Entered: 09/17/1997)
09/17/1997 631 Declaration of James A. Frieden, Esq. RE: [630-1] Ballot (mcm) (Entered: 09/17/1997)
09/17/1997 632 Ballot by Felix Vazquez to Accept [513-1] Amended Plan of Gary Leroy, and Mourad, Owens & Assoc. filed.by Leonard M. Krulewich. Rejects Joint Plan filed by Stephen Gray, etal (mcm) (Entered: 09/17/1997)
09/17/1997 633 Ballot by Mass. Dept. of Employment & Training to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan filed by Gary Leroy & Mourad, Owens & Assoc. (mcm) (Entered: 09/17/1997)
09/17/1997 634 Memorandum Of Decision Issued by: Kenner, J. Re: [560-1] Motion To Bar Winter Hill Federal Savings Bank From Voting on the Plans or Reorganization. by Mourad, Owens & Associates, Gary Leroy A SEPARATE ORDER WILL ENTER DENYING THE MOTION ***SEE MEMORANDUM OF DECISION DOC. #634 FOR COMPLETE TEXT*** (mcm) (Entered: 09/18/1997)
09/17/1997 635 Kenner, J. Order Denying [560-1] Motion To Bar Winter Hill Federal Savings Bank From Voting on the Plans or Reorganization. by Mourad, Owens & Associates, Gary Leroy. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF MOTION OF GARY LEROY AND MOURAD, OWENS & ASSOCIATES, LLC TO BAR WINTER HILL FEDERAL SAVINGS BANK FROM VOTING ON THE PLANS OF REORGANIZATION IS HEREBY DENIED. Entered on 9/17/97 (mcm) (Entered: 09/18/1997)
09/18/1997 636 Ballot by Veronika A. Rager to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal (mcm) (Entered: 09/18/1997)
09/18/1997 637 Ballot by Boston Drain Co., Inc. (Signed by Patricia A. Wood) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/18/1997)
09/18/1997 638 Ballot by Albert Lombardi, Jr. to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/18/1997)
09/18/1997 639 Ballot by Boston Water & Sewer Commission (Signed by Vincent G. Manning) to Accept. [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy & Mourad, Owens & Assoc. (mcm) (Entered: 09/18/1997)
09/18/1997 640 Certificate Of Service By Sandra J. Morgan RE: [639-1] Ballot of Boston Water & Sewer Comm. (mcm) (Entered: 09/18/1997)
09/18/1997 641 Ballot by Winter Hill Federal Svgs. Bank (signed by Sandra L. McGoldrick) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy & Mourad, Owens & Assoc. (mcm) (Entered: 09/18/1997)
09/18/1997 642 Amended Ballot by Boston Edison Co. (Signed by Lawrence Cohen) to Accept [505-1] Joint Plan of Reorganization by Stephen S. Gray, etal. Rejects Amended Plan of Reorganization of Gary Leroy and Mourad, Owens & Assoc. (This is the only Ballot Received from Boston Edison) (mcm) (Entered: 09/19/1997)
09/18/1997 643 Ballot by Boston Fire Department (signed by Mark Sweeney) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/18/1997 644 Ballot by Royal Fire Door Co. (signed by Michael A. Lapuck) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Reorganization of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/18/1997 645 Ballot by City of Boston (Signed by Joseph LaRusso) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/18/1997 646 Joint Motion Alphonse Mourad, Victor Aronow, Arthur H. Goldsmith, Chardon Financial Services, Matthew J. Mallen, Edward Mourad, Georgette Maalouf, To Appoint or Have Special Counsel Appear for V & M to Servde L & N RFealty Trust, and to Litigate the Adversary Complaint No 96-1040 Exhibits and C/S Attached. (mcm) (Entered: 09/19/1997)
09/19/1997 647 Ballot by Edmund I. Shamsi (Shamir Construction)to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 648 Ballot by Harrison Supply Co., Inc. (signed by Myer M. Shapiro) to Accept [513-1] Amended Plan of Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich, and [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal (mcm) (Entered: 09/19/1997)
09/19/1997 649 Ballot by Commonwealth of MA Dept. of Revenue (signed by John Giametti) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 650 Ballot by Boston Gas Company (signed by Christopher S. Aronson) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Ownes & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 651 Ballot by Federal Express Corp. (signed by Marie Huffstutter) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 652 Ballot by Paging Network of MA (signed by Brenda Ferreira) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 653 Ballot by Access Elevator Services, Inc. (signed by Lauretta James) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Gary Leroy & Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 654 Ballot by Nynex (signed by James Caffrey) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal Rejects Amended Plan or Reorganization filed by Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 655 Ballot by Nynex (signed by James Caffrey) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal, Rejects Amended Plan of Reorganization filed by Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 656 Ballot by New England Telephone (signed by James Caffrey) to Accept [505-1] Joint Plan of Reorganization filed by Stephen S. Gray, etal. Rejects Amended Plan of Reorganization filed by Gary Leroy and Mourad, Owens & Assoc. (mcm) (Entered: 09/19/1997)
09/19/1997 657 Ballot by Habib Mourad, Sr. to Accept [513-1] Amended Plan of Gary Leroy and Mourad, Owens & Assoc. filed by Leonard M. Krulewich. Rejects Joint Plan of Reorganization filed by Stephen Gray, etal (mcm) (Entered: 09/19/1997)
09/19/1997 658 Joint Objection By Trustee Stephen S. Gray, Boston Redevelopment Authority, Massachusetts Department of Revenue, City of Boston, Creditor Winter Hill Federal Savings Bank, Mandela Residents Cooperative Ass'n., Beacon Residential Properties To [513-1] Amended Plan of Reorganization filed by Gary Leroy and Mourad, Owens & Assoc. filed by Leonard. c/s M. Krulewich . (mcm) (Entered: 09/19/1997)
09/19/1997 659 Kenner J. Memorandum On [66-1] Fee Application Of Victor Aronow. FOR THESE REASONS, THE COURT WILL DENY HIS FEE APPLICATION. A SEPARATE ORDER WILL ENTER. *SEE MEMORANDUM FOR COMPLETE TEXT. Entered on 9/19/97. (mnd) (Entered: 09/19/1997)
09/19/1997 660 Kenner J. Order Denying [66-1] Application Of Victor Aronow. FOR THE REASONS SET FORTH IN THE MEMORANDUM ISSUED TODAY, THE FEE APPLICATION OF VICTOR ARONOW IS DENIED IN ITS ENTIRETY. Entered on 9.19.97 (mnd) (Entered: 09/19/1997)
09/19/1997 661 Kenner J. Memorandum On [381-1] Fees of Examiner. THE COURT WILL OVERRULE THE OBJECTION AND ALLOW THE FEE APPLICATION BY SEPARATE ORDER. SEE MEMORANDUM FOR COMPLETE TEXT. Entered on 9/19/97. (mnd) (Entered: 09/19/1997)
09/19/1997 662 Kenner J. Order Allowing Fees of Examiner Re: [381-1] Application For Compensation by Alan L. Braunstein FOR THE REASONS SET FORTH IN THE MEMORANDUM ISSUED TODAY, IT IS HEREBY ORDERED THAT THE FEES OF $48,692.00 AND EXPENSES OF $995.21 ARE ALLOWED. Entered on 9.19.97 (mnd) (Entered: 09/19/1997)
09/19/1997 Endorsement Order Granting [69-1] Application For Compensation as Former Counsel to Chapter 11 Debtor by D. Kirby NO OPPOSITION FILED. FEES OF $32,065.00 AND EXPENSES OF $1424.00 ARE ALLOWED, OF WHICH $14,000 RETAINER WAS PAID. Entered on 9/19/97 (mnd) (Entered: 09/19/1997)
09/19/1997 663 Kenner J. Order On [594-1] Application For Fees Of Verdolino & Lowey IT IS HEREBY ORDERED THAT FEES OF $44,716.00 AND EXPENSES OF $1611.00 ARE ALLOWED. THIS ORDER IS MADE WITHOUT PREJUDICE TO VERDOLINO & LOWEY FILING A MOTION SEEKING THE BALANCE OF THE FEES REQUESTED IN THE EVENT THE JOINT PLAN IS CONFIRMED. Entered on 9/19/97 (mnd) (Entered: 09/19/1997)
09/19/1997 664 Kenner J. Memorandum On Motion [466-1] For Fees of Robert F. Munro. THE OBJECTION WILL BE SUSTAINED AND THE MOTION FOR FEES DENIED. *PLEASE SEE MEMORANDUM FOR COMPLETE TEXT. Entered on 9/19/97. (mnd) (Entered: 09/19/1997)
09/19/1997 665 Kenner J. Order On [466-1] Application For Fees by Robert F. Munro. IT IS HEREBY ORDERED THAT THE MOTION FOR PAYMENT OF ACCOUNTING FEES OF ROBERT F. MUNROE IS DENIED. Entered on 9.19.97 (mnd) (Entered: 09/19/1997)
09/19/1997 666 Kenner J. Memorandum Of [372-1] Fees of Hanify & King, Debtor's Counsel. A SEPERATE ORDER WILL ENTER. PLEASE SEE MEMORANDUM FOR COMPLETE TEXT. Entered on 9/19/97. (mnd) (Entered: 09/19/1997)
09/19/1997 667 Kenner J. Order Allowing [372-1] Fees Of Hanify & King Debtor's Counsel. FOR THE REASONS STATED IN THE MEMORANDUM ISSUED TODAY, THE FEES OF HANIFY & KING ARE ALLOWED IN THE AMOUNT OF $146,899.50 LESS $25.000 RETAINER; EXPENSES ARE ALLOWED IN THE AMOUNT OF $7,587.69 . Entered on 9/19/97 (mnd) (Entered: 09/19/1997)
09/19/1997 668 Kenner J. Memorandum On [593-1] Fees Stephen S. Gray Chapter 11 Trustee. A SEPERATE ORDER WILL ENTER ALLOWING FEES OF $246,087.00. SEE MEMORANDUM FOR COMPLETE TEXT. Entered on 9/19/97. (mnd) (Entered: 09/19/1997)
09/19/1997 669 Kenner J. Order ALLOWING [593-1] Fees of Stephen S. Gray Trustee. FOR THE REASONS SET FORTH IN THE MEMORANDUM ISSUED TODAY, FEES IN THE AMOUNT OF $246,087.00 AND EXPENSES IN THE AMOUNT OF $3,867.00 ARE ALLOWED. Entered on 9/19/97 (mnd) (Entered: 09/19/1997)
09/19/1997 Endorsement Re: [646-1] Motion To Appoint or Have Special Counsel Appear for V & M to Servde L & N RFealty Trust, and to Litigate the Adversary Complaint No 96-1040 by Chardon Financial Services, Matthew J. Mallen, Georgette Maalouf, Edward Mourad, Arthur H. Goldsmith, Victor Aronow, Alphonse Mourad. RESPONSES SHALL BE FILED BY NOVEMBER 3, 1997. Entered on 9/19/97 (ymw) (Entered: 09/22/1997)
09/19/1997 670 Response By Interested Party Mandela Residents, Interested Party Beacon Residential Properties, Trustee Stephen S. Gray And Creditor Winter Hill Federal Savings Bank To [612-1] Objection To Joint Plan Of Reorganization By Gary Leroy And Mourad, Owens & Associates. C/S Attached. (ymw) (Entered: 09/22/1997)
09/19/1997 671 Kenner J. Order Regarding [466-1] Application For Payment of Accounting Fees by Robert F. Munro, Regarding [381-1] Application For Compensation by Alan L. Braunstein, Regarding [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy, Regarding [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore, Regarding [346-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey, Regarding [345-1] Application For Compensation And Reimbursement of Expenses by Stephen S. Gray, Regarding [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow, Regarding [69-1] Application For Compensation as Former Counsel to Chapter 11 Debtor by Frank D. Kirby, Regarding [594-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey, Regarding [593-1] Application For Compensation And Reimbursement Of Expenses by Stephen S. Gray, Regarding [592-1] Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation by Paul D. Moore. HEARING HELD. WITH RESPECT TO FEE APPLICATION OF HANIFY & KING THE OBJECTION OF LEROY, MOURAD & OWENS WAS WITHDRAWN IN OPEN COURT. SEE ORDER RE: FEE APPLICATION. WITH RESPECT TO THE FEE APPLICATION OF VICTOR ARONOW, MR ARONOW FAILED TO APPEAR, SEE ORDER. WITH RESPECT TO FEE APPLICATION OF VERDOLINO & LOWEY, MR LOWEY & MR QUINN AGREE THAT FEES OF $44,716.50 SHALL BE ALLOWED TODAY AND THE REMAINDER TO BE CONSIDERED AT THE CONFIRMATION HEARING. SEE ORDERS WITH RESPECT TO FEE APPLICATIONS OF ALAN BRAUNSTEIN, EXAMINER, ROBERT MUNRO ACC.TO THE DEBTOR, THE TRUSTEES & TRUSTEE'S COUNSEL. Entered on 9/19/97 (mnd) (Entered: 09/22/1997)
09/22/1997 Hearing Held Re: [466-1] Application For Payment of Accounting Fees by Robert F. Munro, [381-1] Application For Compensation by Alan L. Braunstein, [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy, [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore, [346-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey, [345-1] Application For Compensation And Reimbursement of Expenses by Stephen S. Gray, [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow, [69-1] Application For Compensation as Former Counsel to Chapter 11 Debtor by Frank D. Kirby, [594-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey, [593-1] Application For Compensation And Reimbursement Of Expenses by Stephen S. Gray, [592-1] Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation by Paul D. Moore. SEE ORDER DATED 9/19/97 FOR COMPLETE TEXT. (mnd) (Entered: 09/22/1997)
09/22/1997 672 Kenner J. Memorandum On Fees of Choate, Hall & Stewart, Trustee's Counsel. Re: [592-1] Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation and [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore. A SEPERATE ORDER WILL ENTER. SEE MEMORANDUM FOR COMPLETE TEXT. Entered on 9/22/97. (mnd) (Entered: 09/22/1997)
09/22/1997 673 Kenner J. Order On Fees of Choate, Hall & Stewart, Trustee's Counsel Re: [592-1] Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation and [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore. FOR THE REASONS SET FORTH IN THE MEMORANDUM ISSUED TODAY, IT IS HEREBY ORDERED THAT THE FEES OF CHOATE HALL & STEWART, IN THE EVENT THE JOINT PLAN IS CONFIRMED, ARE ALLOWED IN THE AMOUNT OF $392,798.00. THIS AMOUNT DOES NOT INCLUDE ESTIMATED FUTURE FEES OF $80,000. COUNSEL MAY FILE A FURTHER APPLICATION SUBSEQUENT TO CONFIRMATION. IN THE EVENT THAT THE JOINT PLAN IS NOT CONFIRMED AND THE PLAN OF GARY LEROY AND MOURAD & OWENS IS CONFIRMED, IT IS HEREBY ORDERED THAT THE FEES OF CHOATE, HALL & STEWART ARE ALLOWED IN THE AMOUNT OF $314,798.OO . Entered on 9/22/97 (mnd) (Entered: 09/22/1997)
09/22/1997 674 Mourad's Emergency Verified Motion/Petition to Enjoin 9/29/97 Forclosure. (Re: 125-127 West St, Hyde Park, Ma) C/S. (mnd) (Entered: 09/22/1997)
09/22/1997 Endorsement Order Denying [674-1] Motion Emergency Verified Motion/Petition to Enjoin 9/29/97 Forclosure. by Alphonse Mourad. DENIED. FRIVOLOUS - MR MOURAD IS NOT A DEBTOR IN THIS COURT AND IS NOT ENTITLED TO PROTECTION BY THE BANKRUPTCY COURT. Entered on 9/22/97 (mnd) (Entered: 09/22/1997)
09/22/1997 675 Motion Of Stephen S. Gray Chapter 11 Trustee For Order Disallowing Ballots on Plans of Reorganization. (mnd) (Entered: 09/22/1997)
09/22/1997 Affidavit of Stephen S. Gray Regarding Ballots on the Joint Plan of Reorganization of Stephen S. Gray, Chapter 11 Trustee, Mandela Residents Cooperative Association, Inc., Beacon Residential Properties Limited Partnership and Winter Hill Federal Savings Bank Re: [675-1] Motion For Order Disallowing Ballots on Plans of Reorganization. by Stephen S. Gray (mnd) (Entered: 09/22/1997)
09/22/1997 676 Affidavit of Stephen S. Gray Regarding Ballots on The Joint [505-1] Plan Of Reorganization of Stephen S. Gray, Chapter 11 Trustee, Mandella Residents Cooperative Association, Inc., Beacon Residential Properties Limited Partnership and Winter Hill Federal Savings Bank. (mnd) (Entered: 09/22/1997)
09/22/1997 677 Affidavit of Stephen S. Gray Concerning The Joint [505-1] Plan of Reorganization of Stephen S. Gray, Chapter 11 Trustee, Mandela Residents Cooperative Association, Inc., Beacon Residential Properties Limited Partnership and Winter Hill Federal Savings Bank. (mnd) (Entered: 09/22/1997)
09/22/1997 678 Certificate Of Service By Thomas M. Tomlinson for Trustee Stephen S. Gray Of [675-1] Motion For Order Disallowing Ballots on Plans of Reorganization. by Stephen S. Gray, [676-1] Affidavit, [677-1] Affidavit. (mnd) (Entered: 09/22/1997)
09/22/1997 679 Affidavit of John W. Keith (Pursuant to Section 1129 of the Bankruptcy Code) Re: [505-1] Chapter 11 Plan by Stephen S. Gray. (mnd) (Entered: 09/23/1997)
09/22/1997 680 Affidavit of Howard E. Cohen (Pursuant to Section 1129 of The Bankruptcy Code) Re: [505-1] Joint Chapter 11 Plan by Stephen S. Gray. Exhibits A-K attached. (mnd) (Entered: 09/23/1997)
09/22/1997 681 Affidavit of John E. Kline (Pursuant to Section 1129 of the Bankruptcy Code) Re: [505-1] Joint Chapter 11 Plan by Stephen S. Gray. Exhibits A & B attached. (mnd) (Entered: 09/23/1997)
09/22/1997 682 Certificate Of Service By Paul J. Ricotta for Interested Party Beacon Residential Properties Of [679-1] Affidavit of John W. Keith, [680-1] Affidavit of Howard E. Cohen, [681-1] Affidavit of John E. Kline. (mnd) (Entered: 09/23/1997)
09/25/1997 683 Stipulation by and between Trustee and Mourad, Owens & Associates Regarding Ballots On Plans Of Reorganization. (Re: [505-1] Chapter 11 Plan by Stephen S. Gray, [513-1] Plan Amended by Leonard M. Krulewich) Exhibits A-D attached. C/S. (mnd) (Entered: 09/25/1997)
09/25/1997 684 Supplemental Certificate Of Service By Thomas Tomlinson for Trustee Stephen S. Gray Re: [677-1] Affidavit of Stephen S. Gray Regarding Ballots on the Joint Plan of Reorganization of Stephen S. Gray. (mnd) (Entered: 09/25/1997)
09/25/1997 685 Motion In Opposition to [675-1] Motion of Steven S. Gray, Chapter 11 Trustee For Order Disallowing Ballots on Plans of Reorganization And Motion to Amend Vote (Ballot) by Victor Aronow. C/S. (mnd) (Entered: 09/25/1997)
09/25/1997 685 Motion In Opposition to Motion of Steven S. Gray, Chapter 11 Trustee For Order Disallowing Ballots on Plans of Reorganization And Motion To Amend Creditors Vote ([603-1] Ballot)(of Victor Aronow). Filed by Victor Aronow. C/S. . (mnd) (Entered: 09/25/1997)
09/25/1997 686 Emergency Motion Of Alphonse Mourad et al To Clarify "November 3, 1997" Response Date To Joint [646-1] Motion Re: Adversary Complaint. No.96-1040 (To Appoint or Have Special Counsel Appear for V & M to Litigate the Adversary Complaint No 96-1040.) Re: Endorsement order dated 9/19/97. C/S attached. (mnd) (Entered: 09/25/1997)
09/25/1997 687 Supplemental Submission to [680-1] Affidavit of Howerd E. Cohen Pursuant to 1129(a) Of the Bankruptcy Code Re: [505-1] Chapter 11 Plan by Stephen S. Gray. *Exhibit A and C/S attached. (mnd) (Entered: 09/25/1997)
09/26/1997 688 Emergency Motion Of Deptartment of Housing And Community Development To Quash Subpoena , And For Sanctions. (mnd) (Entered: 09/26/1997)
09/26/1997 689 Affidavit (Of Jane Wallis Gamble) In Support of Emergency [688-1] Motion To Quash Subpoena by Dept. of Housing & Community Development, [688-2] Motion For Sanctions. by Dept. of Housing & Community Development. (mnd) (Entered: 09/26/1997)
09/26/1997 Endorsement Order Regarding [686-1] Motion To Clarify "November 3, 1997" Response Date To Joint [646-1] Motion Re: Adversary Complaint. No.96-1040 (To Appoint or Have Special Counsel Appear for V & M to Litigate the Adversary Complaint No 96-1040.) Re: Endorsement order dated 9/19/97. by Alphonse Mourad. REQ. FOR EMERGENCY TREATMENT IS DENIED. Entered on 9/26/97 (mnd) (Entered: 09/26/1997)
09/26/1997 690 Motion filed by Gary Leroy and Mourad, Owens & Associates To Strike Affidavits Of John W. Keith And Howard E. Cohen RE: [679-1] Affidavit and [680-1] Affidavit . (plc) (Entered: 09/26/1997)
09/26/1997 Endorsement Order Denying [690-1] Motion To Strike Affidavits Of John W. Keith And Howard E. Cohen RE: [679-1] Affidavit and [680-1] Affidavit by Mourad, Owens & Associates, Gary Leroy Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 Endorsement Order Regarding [688-2] Motion For Sanctions. by Dept. of Housing & Community Development, Granting [688-1] Motion To Quash Subpoena by Dept. of Housing & Community Development . Allowed in Part - the DHCD need not Produce the Documents. The Motion is Moot w/respect to Ms. Gumble's Testimony, Since she did in fact appear and testify Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 691 Kenner J. Order Re: [561-1] Motion To Estimate Claim of Mario Nicosia, Trustee For Voting Purposes by Mourad, Owens & Associates, Gary Leroy . Denied as Moot; No vote was cast for either plan on behalf of L & N First Mortgage Realty Truste. Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 692 Kenner, J. Memorandum of Decision Re: [591-1] Motion To Estop Claimants, Winter Hill Federal Savings Bank, Department of Revenue and Boston Authority from Asserting Positions Regarding the Satisfaction of their Claims under the Proposed Plan of Reorganization of Gary Leroy and Mourad Owens LLC which are Inconsistent with and Contrary to the Positions they have taken with Respect to those Claims under at least Two other Previously Proposed Plans by Mourad, Owens & Associates, Gary Leroy (for Text see Memorandum) (mem) (Entered: 09/26/1997)
09/26/1997 693 Kenner, J. Order Denying [591-1] Motion To Estop Claimants, Winter Hill Federal Savings Bank, Department of Revenue and Boston Redevelopment Authority from Asserting Positions Regarding the Satisfaction of their Claims under the Proposed Plan of Reorganization of Gary Leroy and Mourad Owens LLC which are Inconsistent with and Contrary to the Positions they have taken with Respect to those Claims under at least Two other Previously Proposed Plans by Mourad, Owens & Associates, Gary Leroy . Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 694 Agreed Order Regarding [675-1] Motion For Order Disallowing Ballots on Plans of Reorganization. by Stephen S. Gray, and approving [683-1] Stipulation by Mourad, Owens & Associates, Stephen S. Gray . Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 Endorsement Order Mooting [625-1] Objection by United States of America, IRS Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 Endorsement Order Withdrawing [626-1] (Objection by United States of America, IRS) Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 695 Motion by Interested Party Gary Leroy, Mourad & Owens Associates to Stay order on Confirmation Until a Final Award of Tax Credits is Issued (mem) (Entered: 09/26/1997)
09/26/1997 Endorsement Order Denying [695-1] Motion to Stay order on Confirmation Until a Final Award of Tax Credits is Issued by Gary Leroy Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 696 Kenner J. Order Confirming [505-1] Joint Chapter 11 Plan by Stephen S. Grayer 11 Trustee, Mandela Residents Cooperative Association, Inc., Beacon Residential Properties Limited Partnership and Winter Hill Federal Savings Bank. Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 Endorsement Re: [658-1] Objection by Beacon Residential Properties, Mandela Residents Cooperative Ass'n., Winter Hill Federal Savings Bank, City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority, Stephen S. Gray Sustained for Reasons stated on the record today. Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 697 Kenner, J. Order Overruling [612-1] Objection by Gary Leroy, Mourad, Owens & Associates . For the Reasons stated on the record the objection is Overruled. Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 Hearing Held Re: [505-1] Joint Chapter 11 Plan by Stephen S. Gray et al. . (mem) (Entered: 09/26/1997)
09/26/1997 698 Kenner, J. Order Confirming [505-1] Chapter 11 Plan by Stephen S. Gray. Hearing Held. The Objection of Gary Leroy & Mourad & Owens Associates is on Behalf of Gary Leroy Only, Mourad and Owens Associates Lack. Standing. The Objection of Gary Leroy is overruled. The Court Made findings of fact and rulings of law on the record. The Objection of the United States of America was Withdrawn in open court, The joint plan by chapter 11 Trustee et al is confirmed. Mr. Krulewich made an oral motion to stay confirmation order pending appeal. That maotion is denied. The court made findings of fact and rulings of law on the record. All objections to claims must be filed on or before November 15, 1997 at 4:00 P.M. Chaote, Hall and Stewart request for reimbursement of expenses of $31,766 is Allowed. Choate, Hall & Stewart will file a further fee application after January 1, 1998. In the event that further assets come into the estate, Mr. Gray can seek further compensation. . Entered on 9/26/96 (mem) (Entered: 09/26/1997)
09/26/1997 Hearing Held Re: [513-1] First Plan Amended by Gary Leroy, & Mourad & Owens Associates (mem) (Entered: 09/26/1997)
09/26/1997 699 Kenner, J. Order Regarding [513-1] First Plan Amended by Gary Leroy & Mourad & Owens Associates. Hearing Held. The first amended Paln of Gary Leroy & Mourad & Owens was rejected by creditors, therefore the plan is not confirmed. Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 700 Kenner, J. Order Sustaining [658-1] Joint Objection by Beacon Residential Properties, Mandela Residents Cooperative Ass'n., Winter Hill Federal Savings Bank, City of Boston, Massachusetts Department of Revenue, Boston Redevelopment Authority, Stephen S. Gray . Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 701 Kenner, J. Order Denying Oral Motion for Stay Pending Appeal Entered on 9/26/97 (mem) (Entered: 09/26/1997)
09/26/1997 Endorsement Order Mooting [685-1] Motion Motion To Amend Creditors Vote ([603-1] Ballot)(of Victor Aronow). by Victor Aronow, Mooting [685-1] Objection by Victor Aronow. MOOT Entered on 9/29/97 (mcm) (Entered: 09/29/1997)
10/02/1997 Endorsement Order Denying [686-1] Motion To Clarify "November 3, 1997" Response Date To Joint [646-1] Motion Re: Adversary Complaint. No.96-1040 (To Appoint or Have Special Counsel Appear for V & M to Litigate the Adversary Complaint No 96-1040.) Re: Endorsement order dated 9/19/97. by Alphonse Mourad. DENIED. Entered on 10/2/97 (mcm) (Entered: 10/02/1997)
10/03/1997 702 Kenner, J. Memorandum Re: [646-1] Motion To Appoint or Have Special Counsel Appear for V & M to Serve L & N Realty Trust, and to Litigate the Adversary Complaint No 96-1040 by Chardon Financial Services, Matthew J. Mallen, Georgette Maalouf, Edward Mourad, Arthur H. Goldsmith, Victor Aronow, Alphonse Mourad THE MOTION FAILS TO STATE ANY STATUTORY OR OTHER LEGAL BASIS FOR THE RELIEF IT SEEKS, NAMELY TO APPOINT COUNSEL FOR THE DEBTOR, THEREFORE IT MUST BE DENIED. A SEPARATE ORDER WILL ENTER. **SEE MEMORANDUM DOC. #702 FOR COMPLETE TEXT** (mcm) (Entered: 10/03/1997)
10/03/1997 703 Kenner, J. Order Denying [646-1] Motion To Appoint or Have Special Counsel Appear for V & M to Servde L & N RFealty Trust, and to Litigate the Adversary Complaint No 96-1040 by Chardon Financial Services, Matthew J. Mallen, Georgette Maalouf, Edward Mourad, Arthur H. Goldsmith, Victor Aronow, Alphonse Mourad. THE JOINT MOTION TO APPOINT OR HAVE SPECIAL COUNSEL APPEAR, FILED BY ALPHONSE MOURAD ET AL IS DENIED FOR THE REASONS SET FORTH IN THE MEMORANDUM ISSUED TODAY. Entered on 10/3/97 (mcm) (Entered: 10/03/1997)
10/03/1997 704 Notice Of Appeal By Gary Leroy Appellant Designation Due: 4:00 10/14/97 ; Compiled Records Due by 4:00 10/28/97 Transmission Due: 11/3/97 RE: [696-1] Confirmation Order of Chapter 11 Plan c/s (mcm) (Entered: 10/03/1997)
10/03/1997 705 Notice by the Court Re: [704-1] Notice Appeal by Gary Leroy. Designation of Records due 10/14/97. (mcm) (Entered: 10/03/1997)
10/03/1997 706 Transmission to Bankruptcy Appellate Panel Copy of [704-1] Notice Appeal by Gary Leroy (mcm) (Entered: 10/03/1997)
10/03/1997 707 Filing Fee Not Paid re: [704-1] Notice Appeal by Gary Leroy Fee due on 4:00 10/14/97 (mcm) (Entered: 10/03/1997)
10/06/1997 708 Amended [704-1] Notice Appeal . Filed By: Leonard M. Krulewich for Interested Party Gary Leroy, Interested Party Mourad, Owens & Associates (mcm) (Entered: 10/06/1997)
10/06/1997 709 Motion By Mandela Residents, Mourad, Owens & Associates To Stay Order on Confirmation Until Appeal is Determined and Final Award of Tax Credit is Issured RE: [696-1] Chapter 11 Plan Order pending appeal . (mcm) (Entered: 10/06/1997)
10/06/1997 710 Memorandum By Leonard M. Krulewich for Gary Leroy, Mourad, Owens & Associates In Support Of [709-1] Motion To Stay Order on Confirmation Until Appeal is Determined and Final Award of Tax Credit is Issured RE: [696-1] Chapter 11 Plan Order Exhibit Attached. pending appeal by Mourad, Owens & Associates, Mandela Residents . (mcm) (Entered: 10/06/1997)
10/06/1997 711 Certificate Of Service By Leonard M. Krulewich for Gary Leroy, Mourad, Owens & Associates Of [710-1] Support Brief/Memorandum by Leonard M. Krulewich, [709-1] Motion To Stay Order on Confirmation Until Appeal is Determined and Final Award of Tax Credit is Issured RE: [696-1] Chapter 11 Plan Order pending appeal by Mourad, Owens & Associates, Mandela Residents, [708-1] Amended Notice of Appeal by Leonard M. Krulewich . (mcm) (Entered: 10/06/1997)
10/06/1997 712 Filing Fee Paid Re: Amount: $ 105.00 On [707-1] Not Paid Fee, REL [704-1] Notice Appeal by Gary Leroy (mcm) (Entered: 10/06/1997)
10/06/1997 713 Transmission of Amended Notice of Appeal to Bankruptcy Appellate Panel Re: [704-1] Notice Appeal by Gary Leroy (mcm) (Entered: 10/06/1997)
10/06/1997 Kenner, J. Endorsement Order Denying [709-1] Motion To Stay Order on Confirmation Until Appeal is Determined and Final Award of Tax Credit is Issured RE: [696-1] Chapter 11 Plan Order pending appeal by Mourad, Owens & Associates, Mandela Residents. SEE ORDER DATED 9/26/97. I ALREADY DENIED THE MOTION FOR A STAY. THIS MOTION IS DENIED. Entered on 10/6/97 (mcm) (Entered: 10/07/1997)
10/08/1997 714 Certificate Of Service By Jacquelyn Mulligan Of [696-1] Order Confirming Joint Plan of Reorganization of Stephen S. Gray, etal . (mcm) (Entered: 10/08/1997)
10/08/1997 715 Kenner, J. Amended Order Regarding [594-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey . BECAUSE THE JOINT PLAN HAS NOW BEEN CONFIRMED, IT IS HEREBY ORDERED THAT THE AMOUNT OF FEES ALLOWED TO VERDOLINO & LOWEY IS INCREASED TO 62,273.50. THIS ORDER SUPERSEDES THE ORDER ENTERED SEPTEMBER 19, 1997. EXPENSES ARE ALLOWED IN THE AMOUNT OF $1,611.00. Entered on 10/8/97 (mcm) (Entered: 10/09/1997)
10/09/1997 716 Notice of Docketing Record on Appeal RE: [704-1] Notice Appeal by Gary Leroy (MB97-079) (mcm) (Entered: 10/09/1997)
10/09/1997 717 Amended [716-1] Notice Record On Appeal . Filed By: Marcia Martin Correct BAP #MB97-080 (mcm) (Entered: 10/09/1997)
10/09/1997 718 Notice of Docketing Record on Appeal RE: [704-1] Notice Appeal by Gary Leroy ( 97-12251) (mcm) (Entered: 10/10/1997)
10/14/1997 719 Appellant Designation of Record and Statement of Issues By Gary Leroy Of Contents For Inclusion In Record On Appeal [704-1] Notice Appeal by Gary Leroy ; c/s (mcm) (Entered: 10/15/1997)
10/15/1997 720 Transcript of Hearing Held on 9/26/97 [513-1] Plan Amended by Leonard M. Krulewich, [505-1] Joint Chapter 11 Plan by Stephen S. Gray, etal Court Reporter: Mary Artesani (mcm) (Entered: 10/16/1997)
10/23/1997 721 Copy of Withdrawal of Motion to Stay Order on Confirmation Until Appeal is Determined and Final Award of Tax Credits is Issued Received from District Court. (mcm) (Entered: 10/24/1997)
10/24/1997 722 Notice of Docketing Record on Appeal RE: [704-1] Notice Appeal by Gary Leroy (97-cv-12251-RCL) (mcm) (Entered: 10/27/1997)
10/24/1997 723 Appellee's Designation of Additional Items for Inclusion by Beacon Residential Properties, Stephen S. Gray, Mandela Residents Cooperative Ass'n., Winter Hill Federal Savings Bank of Contents For Inclusion In Record On Appeal Re: [704-1] Notice Appeal by Gary Leroy c/s (mcm) (Entered: 10/27/1997)
10/31/1997 724 Joint Motion By Victor Aronow, Chardon Financial Services, Matthew J. Mallen, Gary Leroy, Creditor Arthur H. Goldsmith, Georgette Maalouf, Alphonse and Noha Simon, Edward Mourad, Habib Mourad For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee , Joint Emergency Motion Re: [724-1] Motion by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow (mcm) (Entered: 11/03/1997)
10/31/1997 Endorsement Order Denying [724-2] Joint Emergency Motion Re: [724-1] Joint Motion by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. REQUEST FOR EMERGENCY TREATMENT IS DENIED. Entered on 10/31/97 (mcm) (Entered: 11/03/1997)
11/04/1997 725 Stipulation of Dismissal of Appeal by and between Gary Leroy, Party Beacon Residential Properties, Stephen S. Gray, Mandela Residents Cooperative Ass'n., Winter Hill Federal Savings Bank For [708-1] Amended Notice of Appeal by Leonard M. Krulewich, [704-1] Notice Appeal by Gary Leroy (mcm) (Entered: 11/04/1997)
11/04/1997 726 Order Directing Transfer of Notice of Appeal to District Court By Bankruptcy Appellate Panel RE: [696-1] Chapter 11 Plan Order (mcm) (Entered: 11/04/1997)
11/04/1997 727 Transcript of Hearing Held on 9/19/97 [69-1] Application For Compensation as Former Counsel to Chapter 11 Debtor by Frank D. Kirby, [66-1] Application For Payment of Attorney's Fees for Ancillary Legal Services by Victor Aronow, [345-1] Application For Compensation And Reimbursement of Expenses by Stephen S. Gray, [346-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey, [347-1] Application For Allowance Of Attorney's Fees And Expenses As Counsel To The Trustee by Paul D. Moore, [381-1] Application For Compensation by Alan L. Braunstein, [372-1] Application For Compensation as Counsel to the Debtor by Harold B. Murphy, [466-1] Application For Payment of Accounting Fees by Robert F. Munro, [594-1] Application For Fee And Expenses Of Accountant For The Chapter 11 Trustee by Keith D. Lowey, [593-1] Application For Compensation And Reimbursement Of Expenses by Stephen S. Gray, [592-1] Application Final Application For Allowance Of Attorneys' Fees And Expenses As Counsel To The Trustee And Estimate Of Fees Through Confirmation by Paul D. Moore Court Reporter: Mary Artesani (mcm) (Entered: 11/04/1997)
11/05/1997 728 Transmittal to 97-12251NG Of Stipulation of Dismissal of Appeal [725-1] by Winter Hill Federal Savings Bank, Party Mandela Residents Cooperative Ass'n., Stephen S. Gray, Beacon Residential Properties, Gary Leroy, Amended Notice of Appeal [708-1], Leonard M. Krulewich, Notice Appeal [704-1] by Gary Leroy . (mcm) (Entered: 11/05/1997)
11/07/1997 729 Opposition By Winter Hill Federal Savings Bank, Boston Redevelopment Authority, Beacon Residential Properties, Mandela Residents Cooperative Ass'n. To [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow . Exhibit "A" and C/S Attached. (mcm) (Entered: 11/07/1997)
11/10/1997 730 Opposition of City of Boston and The Commissioner of The Massachusetts Department of Revenue To The Joint Emergency Of Certain Creditors and Parties At Interest For [724-1] An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest. C/S attached. (mnd) (Entered: 11/10/1997)
11/13/1997 731 Response By Trustee Stephen S. Gray To [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow . Exhibits and C/S Attached. (mcm) (Entered: 11/14/1997)
11/13/1997 732 Response By Hanify & King To [724-1] Joint Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V M Management, in this Proceeding RE: [696-1] Chapter 11 Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow . c/s (mcm) (Entered: 11/14/1997)
11/14/1997 733 Joint Motion by Victor Aronow, Chardon Financial Services, Matthew J. Mallen, Gary Leroy, Arthur H. Goldsmith, Georgette Maalouf, Noha Simon, Alphonse Simon, Edward Mourad, Habib Mourad To Treat October 31,1997 Filed Joint Motion For A Stay And To Revoke Plan As An Adversary Complaint With Leave To File Amended Adversary Complaint c/s (mcm) (Entered: 11/14/1997)
11/14/1997 734 Omnibus Objection To (various) Claims Pursuant to 11 U.S.C. Sec. 502 and Fed. R. Bankr. P. 3007 By Trustee Stephen S. Gray To . c/s (mcm) (Entered: 11/17/1997)
11/18/1997 735 Kenner, J. Procedural Order Regarding [734-1] Omnibus Objection to Claims by Stephen S. Gray. IT IS HEREBY ORDERED THAT ANY RESPONSE TO THE TRUSTEE'S OMNIBUS OBJECTION TO CLAIMS MUST BE FILED BY 4:00 P.M. ON DECEMBER 29, 1997. IF NO RESPONSE IS FILED TIMELY TO THE OBJECTION TO A CLAIM, THE COURT WILL SUSTAIN THE OBJECTION WITHOUT HEARING. THE COURT WILL NOT ENLARGE THE TIME FOR FILING A RESPONSE TO AN OBJECTION TO CLAIM. IF A RESPONSE IS FILED TIMELY, THE COURT WILL HOLD A NON-EVIDENTIARY HEARING AT 10:00 A.M. ON THURSDAY, JANUARY 29, 1998. ***SEE PROCEDURAL ORDER DOC. #735 FOR COMPLETE TEXT*** Entered on 11/18/97 (mcm) (Entered: 11/18/1997)
11/18/1997 Hearing Re: [734-1] Omnibus Objection to Claims by Stephen S. Gray Scheduled For 10:00 a.m. 1/29/98 at Courtroom 4, Boston. Objections to Motion Due On: 4:00 p.m. 1/29/97 (mcm) (Entered: 11/18/1997)
11/18/1997 Hearing Re: [724-2] Motion Joint Emergency Motion Re: [724-1] Motion by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow Scheduled For 10:45 A.M. 11/19/97 at Courtroom 4, Boston RE: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding. Scheduled for 10:45 A.M. 11/19/97 at Courtroom 4, Boston. RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow (mcm) (Entered: 11/18/1997)
11/18/1997 736 Certificate Of Notice of 11/19/97 Hearing at 10:45) By Arthur H. Goldsmith Of [0-0] Hearing, RE: [724-2] Joint Emergency Motion Re: [724-1] Motion by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow . (mcm) (Entered: 11/18/1997)
11/19/1997 737 Case Closed in District Court on 11/5/97. Stipulation of Dismissal filed Regarding Appeal RE: [696-1] Chapter 11 Plan Order (Copy of District Court Docket on File) (mcm) (Entered: 11/19/1997)
11/19/1997 738 Kenner, J. Order Regarding [724-2] Joint Emergency Motion Re: [724-1] Motion by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Regarding [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. HEARING HELD. MATTHEW MALLEN, MARTIN HOFFMAN, ALPHONSE & NOHA SIMON, VICTOR ARONOW & JEFFREY PAGE ALL FAILED TO APPEAR. THE COURT WILL TREAT THE MOTION TO VACATE THE CONFIRMATION ORDER AS A COMPLAINT INITIATING AN ADVERSARY PROCEEDING. THE COURT TAKE THE MATTER UNDER ADVISEMENT. Entered on 11/19/97 (mcm) (Entered: 11/19/1997)
11/19/1997 Hearing Held Re: [724-2] Joint Emergency Motion Re: [724-1] Motion by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. SEE ORDER (mcm) (Entered: 11/19/1997)
11/20/1997 739 Moving Parties' Motion to Supplement 11/19/97 Argument RE: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee, [0-0] Endorsement Order . Filed By: Victor Aronow, Arthur H. Goldsmith, Alphonse and Noha Simon, Chardon Financial Services, Gary Leroy, Georgette Maalouf, Matthew J. Mallen, Edward Mourad, Habib Mourad. Exhibits and C/S Attached (mcm) (Entered: 11/21/1997)
11/21/1997 740 Certificate Of Service By Thomas M. Tomlinson Of [735-1] Procedural Order on Trustee's Omnibus Objection to Claims. (mcm) (Entered: 11/21/1997)
11/21/1997 741 Kenner J. Order On Creditor's [724-2] Joint Motion For Emergency Stay and [724-1] Revokation of Order Confirming Plan. IT IS HEREBY ORDERED AND ADJUDGED THAT THE MOVANTS' REQUESTS FOR REVOCATION OF THE ORDER OF CONFIRMATION IS HEREBY DENIED WITH PREJUDICE; AND THAT THEIR FURTHER REQUEST FOR A STAY PENDING ADJUDICATION IS DENIED AS MOOT, AS THE MATTER HAS NOW BEEN ADJUDICATED. A SEPERATE MEMORANDUM OF DECISION WILL ISSUE SHORTLY. (mnd) (Entered: 11/21/1997)
11/25/1997 742 Letter From Gary Leroy Withdrawing his Name from the Motion to Supplement 11/19/97 Argument RE: [739-1] Moving Parties' Motion to Supplement 11/19/97 Argument by Habib Mourad, Edward Mourad, Matthew J. Mallen, Georgette Maalouf, Gary Leroy, Chardon Financial Services, Alphonse and Noha Simon, Arthur H. Goldsmith, Victor Aronow, Arthur H. Goldsmith . (mcm) (Entered: 11/25/1997)
11/28/1997 743 Response By Creditor Arthur H. Goldsmith To [734-1] Omnibus Objection to Claims by Stephen S. Gray . c/s (mcm) (Entered: 12/01/1997)
11/28/1997 743 Motion By Creditor Arthur H. Goldsmith To Strike Paragraphs 37-38 of [734-1] Omnibus Objection to Claims by Stephen S. Gray . c/s (mcm) (Entered: 12/01/1997)
12/01/1997 744 Notice Of Appeal By Arthur H. Goldsmith, Victor Aronow, Chardon Financial Services, Matthew J. Mallen, Habib Mourad, Alphonse and Noha Simon, Georgette Maalouf, Edward Mourad Appellant Designation Due: 4:00 12/11/97 ; Compiled Records Due by 4:00 12/26/97 Transmission Due: 12/31/97 RE: [741-1] Order Dated 11/21/97 Denying Creditors' Joint Motion For Emergency Stay and Revocation of Order Confirming Plan Emergency Stay and R (mcm) (Entered: 12/01/1997)
12/01/1997 745 Notice of Filing of Appeal to Bankruptcy Appellate Panel Re: [744-1] Notice Appeal by Edward Mourad, Georgette Maalouf, Alphonse and Noha Simon, Habib Mourad, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Arthur H. Goldsmith (mcm) (Entered: 12/01/1997)
12/01/1997 746 Transmission of Copy of Record on Appeal & Docket to Bankruptcy Appellate Panel Re: [744-1] Notice Appeal by Edward Mourad, Georgette Maalouf, Alphonse and Noha Simon, Habib Mourad, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Arthur H. Goldsmith (mcm) (Entered: 12/01/1997)
12/03/1997 747 Transcript of Hearing Held on 11/19/97. Re: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding. [731-1] Response by Stephen S. Gray, [732-1] Response by Hanify & King, [729-1] Objection by Mandela Residents Cooperative Ass'n., Beacon Residential Properties, Boston Redevelopment Authority, Winter Hill Federal Savings Bank, [730-1] Objection by Massachusetts Department of Revenue, City of Boston, The Court Reporter: Mary Artesani. (ndl) (Entered: 12/03/1997)
12/03/1997 748 Transcript of Hearing Held on June 11, 1997 [406-1] Disclosure Statement by UDC/TCB Development Corporation, Stephen S. Gray Court Reporter: Mary Artesani (ndl) (Entered: 12/03/1997)
12/05/1997 749 Response By Trustee Stephen S. Gray To [743-1] Motion To Strike Paragraphs 37-38 of [734-1] Omnibus Objection to Claims by Stephen S. Gray by Arthur H. Goldsmith . c/s (mcm) (Entered: 12/05/1997)
12/05/1997 Endorsement Order Regarding [739-1] Moving Parties' Motion to Supplement 11/19/97 Argument by Habib Mourad, Edward Mourad, Matthew J. Mallen, Georgette Maalouf, Gary Leroy, Chardon Financial Services, Alphonse and Noha Simon, Arthur H. Goldsmith, Victor Aronow, Arthur H. Goldsmith. THE COURT WILL ACCEPT THIS AS A BRIEF. Entered on 12/5/97 (mcm) (Entered: 12/08/1997)
12/08/1997 750 Kenner, J. Memorandum Of Decision On Creditors' Joint Motion For Emergency Stay, Revocation of Order Confirming Plan, Retroactive Removan of Trustee, and Vacatur of Fee Orders RE: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V M Management, in this Proceeding RE: [696-1] Chapter 11 Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, [724-2] Motion Joint Emergency Motion Re: [724-1] Motion by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. A SEPARATE ORDER HAS ENTERED DENYING THE MOTION TO REVOKE THE CONFIRMATION ORDER, BY THE SAME ORDER, THE MOTION FOR STAY PENDING ADJUDICATION HAS BEEN DENIED AS MOOT, THE MOTION TO REVOKE HAVING ALREADY BEEN ADJUDICATED. ****SEE MEMORANDUM OF DECISION DATED 12/8/97 FOR COMPLETE TEXT**** Entered on 12/8/97 (mcm) (Entered: 12/08/1997)
12/09/1997 751 Election to District Court by Arthur H. Goldsmith re: [744-1] Notice Appeal by Edward Mourad, Georgette Maalouf, Alphonse and Noha Simon, Habib Mourad, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Arthur H. Goldsmith (mcm) (Entered: 12/10/1997)
12/09/1997 752 Appellant Designation By Arthur H. Goldsmith Of Contents For Inclusion In Record On Appeal [744-1] Notice Appeal by Edward Mourad, Georgette Maalouf, Alphonse and Noha Simon, Habib Mourad, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Arthur H. Goldsmith (mcm) (Entered: 12/10/1997)
12/09/1997 753 Statement of Issues filed by Arthur H. Goldsmith Re: [744-1] Notice Appeal by Edward Mourad, Georgette Maalouf, Alphonse and Noha Simon, Habib Mourad, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Arthur H. Goldsmith (mcm) (Entered: 12/10/1997)
12/09/1997 754 Certificate Of Service By Michael Mourad Of [751-1] Election Notice by Arthur H. Goldsmith, [752-1] Designation of Record on Appeal by Arthur H. Goldsmith, [753-1] Statement of Issues on Appeal by Arthur H. Goldsmith . (mcm) (Entered: 12/10/1997)
12/22/1997 755 Joint Motion By Arthur H. Goldsmith For Arthur H. Goldsmith, Victor Aronow, Chardon Financial Services, Matthew J. Mallen, Georgette Maalouf, Alphonse And Noha Simon, Edward Mourad And Habib Mourad To Activate And Supplement The Open And Undecided Issues And Prayers For Relief In Their October 31, 1997 Filed And November 21, 1997 Denied Joint Motion For A Stay And To Revoke Plan, And The Court's December 8, 1997 Memorandum Of Decision Re: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding (RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow) And [750-1] Memorandum Of Decision . Exhibits, C/S Attached. (ymw) (Entered: 12/23/1997)
12/23/1997 756 Joint Motion By Victor Aronow, Chardon Financial Services, Matthew J. Mallen, Arthur H. Goldsmith, Georgette Maalouf, Alphonse And Noha Simon, Edward Mourad And Habib Mourad To Remind The Court Of Its February 20, 1996 Decision In The Matter Of Neal Satran . Exhibits, C/S Attached. (ymw) (Entered: 12/23/1997)
12/29/1997 757 Motion By Interested Party Chardon Financial Services To Strike Paragraphs 30-32 Of [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray . (ymw) (Entered: 12/29/1997)
12/29/1997 758 Affidavit Of Martin Hoffman RE: [757-1] Motion To Strike Paragraphs 30-32 Of [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray By Chardon Financial Services. Exhibits Attached. (ymw) (Entered: 12/29/1997)
12/29/1997 759 Certificate Of Service By Sara Fleschner For Interested Party Chardon Financial Services RE: [757-1] Motion To Strike Paragraphs 30-32 Of [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray by Chardon Financial Services And [758-1] Affidavit Of Martin Hoffman. (ymw) (Entered: 12/29/1997)
12/29/1997 760 Limited Objection By Creditor Habib Mourad And Creditor Doris Mourad To [734-1] Trustee's Omnibus Objection To The Filing Of The Proof Of Claim Of Boston Private Bank & Trust Company By Stephen S. Gray. C/S Attached. (ymw) (Entered: 12/30/1997)
12/29/1997 761 Response Of Objection By Interested Party Edward Mourad To [734-1] Trustee's Omnibus Objection To Claims Pursuant To 11 U.S.C. Section 502 And Fed. Bankr. P. 3007 By Stephen S. Gray. C/S Attached. (ymw) (Entered: 12/30/1997)
12/29/1997 762 Response Of Objection By Creditor Mourad & Sons Construction And Electric, Inc. To [734-1] Trustee's Objection To Claims Pursuant To 11 U.S.C. Section 502 And Fed. Bankr. P. 3007 By Stephen S. Gray. C/S Attached. (ymw) (Entered: 12/30/1997)
12/29/1997 763 Motion By Interested Party Georgette Maalouf To Strike Paragraphs 34 & 35 Of [734-1] Trustee's Omnibus Objection To Claims Pursuant To U.S.C. Section 502 And Fed. R. Bankr. P. 3007 By Stephen S. Gray . C/S Attached. (ymw) (Entered: 12/30/1997)
12/29/1997 764 Response Of Objection By Interested Party Gary Leroy To [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray. (ymw) (Entered: 12/30/1997)
12/29/1997 765 Response Of Objection And Motion To Strike Paragraphs 44-46 Of Trustee's Omnibus Objection To Claims By Interested Party Matthew J. Mallen RE: [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray. C/S Attached. (ymw) (Entered: 12/30/1997)
12/29/1997 765 Response To And Motion By Interested Party Matthew J. Mallen To Strike Paragraphs 44-46 Of [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray . C/S Attached. (ymw) (Entered: 12/30/1997)
12/29/1997 766 Response Of Objection By Creditor L & N First Mortgage Realty Trust To [734-1] Trustee's Omnibus Objection To Claims Pursuant To 11 U.S.C. Section 502 And Fed. R. Bankr. P. 3007 By Stephen S. Gray. C/S Attached. (ymw) (Entered: 12/30/1997)
12/29/1997 767 Response Of Objection By Creditor Boston Edison Company To [734-1] Chapter 11 Trustee's Objections To Boston Edison's Proof Of Claim By Stephen S. Gray. C/S Attached. (ymw) (Entered: 12/30/1997)
12/29/1997 768 Affidavit Of Stephen M. Foley In Support Of [767-1] Response Of Objection To The Chapter 11 Trustee's Objection To Boston Edison's Proof Of Claim By Boston Edison Company. Exhibits A - D Attached. (ymw) (Entered: 12/30/1997)
01/05/1998 769 Response By Trustee Stephen S. Gray To [765-1] Response of Objection and [765-1] Motion To Strike Paragraphs 44-46 Of [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray by Matthew J. Mallen . (mcm) (Entered: 01/05/1998)
01/05/1998 770 Response By Trustee Stephen S. Gray To [757-1] Motion To Strike Paragraphs 30-32 Of [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray by Chardon Financial Services . (mcm) (Entered: 01/05/1998)
01/05/1998 771 Response By Trustee Stephen S. Gray To [763-1] Motion To Strike Paragraphs 34 & 35 Of [734-1] Trustee's Omnibus Objection To Claims Pursuant To U.S.C. Section 502 And Fed. R. Bankr. P. 3007 By Stephen S. Gray by Georgette Maalouf . (mcm) (Entered: 01/05/1998)
01/05/1998 772 Certificate Of Service By Thomas M. Tomlinson Of [771-1] Response to MaaLouf's Motion to Strike by Stephen S. Gray, [770-1] Response To Motion By Chardon Financial Services to STrike Paragraphs 30-32 of Trustee's Omnibus Objection to Claims by Stephen S. Gray, [769-1] Response to Matthew J. Mallen's Response and to Motion to Strike Paragraphs 44 - 46 of Trustee's Omibus Objection to Claims by Stephen S. Gray . (mcm) (Entered: 01/05/1998)
01/05/1998 773 Response To Joint Motion of Creditors and Parties In Interest to Activate and Supplement By Trustee Stephen S. Gray RE: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V M Management, in this Proceeding RE: [696-1] Chapter 11 Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, [756-1] Motion To Remind The Court Of Its February 20, 1996 Decision In The Matter Neal Satran by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Matthew J. Mallen, Chardon Financial Services, Victor Aronow . c/s (mcm) (Entered: 01/06/1998)
01/05/1998 Endorsement Order Denying [763-1] Motion To Strike Paragraphs 34 & 35 Of [734-1] Trustee's Omnibus Objection To Claims Pursuant To U.S.C. Section 502 And Fed. R. Bankr. P. 3007 By Stephen S. Gray by Georgette Maalouf. MOTION TO STRIKE IS DENIED - IT IS FRIVOLOUS. THE COURT WILL TREAT THE BALANCE OF THIS PLEADING AS A RESPONSE TO THE TRUSTEE'S OBJECTION, PROVIDED GEORGETTE MAALOUF HAS STANDING. Entered on 1/5/98 (mcm) (Entered: 01/06/1998)
01/05/1998 776 Kenner, J. Procedural Order on Trustee's Objection to Claim by Arthur Goldsmith Regarding [749-1] Response to ARthur Goldsmith's Motion to Strike Paragraphs 37-38 of Trustee's Omnibus Objection to Claims by Stephen S. Gray. IN HIS RESPONSE TO THE MOTION TO STRIKE BY ARTHUR GOLDSMITH, THE TRUSTEE REQUESTS, INTER ALIA, THAT THE COURT DISALLOW GOLDSMITH'S CLAIM UNDER SECTION 502(d) OF THE BANKRUPTCY CODE BECAUSE GOLDSMITH ADMITS THAT HE WAS PAID $23,000 DURING THE 90-DAY PREFERENCE PERIOD. ACCORDINGLY, IT IS HEREBY ORDERED: 1) THE TRUSTEE SHALL FILE A STATEMENT, ON OR BEFORE FEBRUARY 5, 1998, INDICATING WHEN HE INTENDS TO FILE HIS COMPLAINT PURSUANT TO SECTION 547 OR SECTION 548 OF THE BANKRUPTCY CODE; AND 2) THE HEARING SCHEDULED FOR JANUARY 29, 1998 WITH RESPECT TO THE CLAIM OF ARTHUR GOLDSMITH IS CONTINUED GENERALLY. Entered on 1/5/98 (mcm) (Entered: 01/07/1998)
01/05/1998 777 Kenner, J Order Denying [743-1] Motion To Strike Paragraphs 37-38 of [734-1] Omnibus Objection to Claims by Stephen S. Gray by Arthur H. Goldsmith. THE MOTION OF ARTHUR GOLDSMITH TO STRIKE CERTAIN PARAGRAPHS OF THE TRUSTEE'S OBJECTION TO HIS CLAIM IS DENIED. THE COURT WILL TREAT THE BALANCE OF THE PLEADING AS A RESPONSE TO THE OBJECTION TO THE CLAIM. Entered on 1/5/98 (mcm) (Entered: 01/07/1998)
01/06/1998 774 Kenner, J. Order Denying [765-1] Motion To Strike Paragraphs 44-46 Of [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray by Matthew J. Mallen. MALLEN'S MOTION TO STRIKED IS DENIED. Entered on 1/6/98 (mcm) (Entered: 01/07/1998)
01/06/1998 775 Kenner, J. Procedural Order On Trustee's Objection to Claim of Chardon Financial and Order on Motion to Strike. Regarding [770-1] Response by Stephen S. Gray. Denying [757-1] Motion To Strike Paragraphs 30-32 Of [734-1] Trustee's Omnibus Objection To Claims By Stephen S. Gray by Chardon Financial Services. CHARDON FINANCIAL'S MOTION TO STRIKE IS DENIED. BASED ON CHARDON fINANCIAL'S RESPONSE, IT APPEARS THE CLAIMANT HAS NOT OBJECTED TO THE STATUS OF ITS CLAIM AS UNSECURED. ACCORDINGLY, THE COURT WILL SUSTAIN THE TRUSTEE'S OBJECTION TO CHARDON'S CLAIM OF SECURED STATUS, UNLESS ON OR BEFORE FEBRUARY 5, 1998, CHARDON (BY A DULY-AUTHORIZED OFFICER) FILES AN AFFIDAVIT STATING THE LEGAL AND FACTUAL BASIS ON WHICH IT BELIEVES IT IS HOLDS SECURED STATUS. IT IS HEREBY ORDERED THAT THE TRUSTEE SHALL FILE A STATEMENT ON OR BEFORE FEBRUARY 5, 1998, INDICATING WHETHER IN LIGHT OF MR. HOFFMAN'S AFFIDAVIT, HE INTENDS TO FILE HIS COMPLAINT PURSUANT TO SECTIONS 547 AND 548 OF THE BANKRUPTCY CODE, AND IF SO, WHEN HE WILL FILE THAT COMPLAINT. THE TRUSTEE SHALL ALSO FILE, BY THE SAME DATE A STATEMENT INDICATING PRECISELY WHAT RELIEF HE IS SEEKING: DISALLOWANCE OF THE ENTIRE CLAIM OR ALLOWANCE AS AN UNSECURED CLAIM OF $214,970. THE HEARING ON JANUARY 29, 1998 ON THIS OBJECTION IS CONTINUED GENERALLY. Entered on 1/6/98 (mcm) (Entered: 01/07/1998)
01/06/1998 778 Kenner, J. Procedural Order On Trustee's Objection to Claim of Boston Private Bank & Trust and Limited Objection of Habib and Doris Mourad. Regarding [734-1] Claims Objection by Stephen S. Gray, Regarding [760-1] Limited Objection by Doris Mourad, Habib Mourad. IT APPEARS HABIB AND DORIS MOURAD ARE IN AGREEMENT WITH THE TRUSTEE THAT THE CLAIM OF BOSTON PRIVATE BANK & TRUST CAN BE ALLOWED AS A TIMELY-FILED UNSECURED CLAIM IN THE AMOUNT OF $173,368. IT ALSO APPEARS THAT THE CLAIMANT ITSELF DID NOT FILE ANY RESPONSE TO THE TRUSTEE'S OBJECTION. THEREFORE, IT IS ORDERED THAT THE MOURADS AND THE TRUSTEE SHALL SUBMIT A PROPOSED ORDER TO THE COURT WITHIN 10 DAYS. THE TRUSTEE SHALL GIVE NOTICE OF SAME TO BOSTON PRIVATE BANK & TRUST. THE HEARING ON JANUARY 29, 1998 ON THIS CLAIM OBJECTION IS CONTINUED GENERALLY. Entered on 1/6/98 (mcm) (Entered: 01/07/1998)
01/12/1998 779 Motion By Creditor Arthur H. Goldsmith To Reconsider Order [777-1] dated 1/5/98 . c/s (mcm) (Entered: 01/12/1998)
01/13/1998 780 Kenner, J. Procedural Order on Trustee's Objection to Claim of Tanious Choveiri and Rachel Maalouf and on Motion to Georgette Maaloug to Strike. Regarding [763-1] Motion To Strike Paragraphs 34 & 35 Of [734-1] Trustee's Omnibus Objection Claims Pursuant To U.S.C. Section 502 And Fed. R. Bankr. P. 3007 By Stephen S. Gray by Georgette Maalouf, Regarding [734-1] Claims Objection by Stephen S. Gray . ON NOVEMBER 13, 1997, THE TRUSTEE OBJECTED TO THE CLAIM FILED JOINTLY BY TANIOUS CHOVEIRI AND RACHEL MAALOUF ("THE CHOVEIRI/MAALOUF CLAIM"). THE ONLY RESPONSE FILED TO THAT OBJECTION WAS THE MOTION OF GEORGETTE MAALOUF, FILED PRO SE, TO STRIKE THE TRUSTEE'S OBJECTION THE THE CHOVEIRI/MAALOUF CLAIM. NOWHERE IN HER MOTION DOES GEORGETTE MAALOUF EXPLAIN WHY SHE HAS STANDING TO ASSERT OR DEFEND THE CLAIM. THEREFORE, GEORGETTE MAALOUF IS HEREBY ORDERED TO FILE, BY FEBRUARY 13, 1998 AT 4:00 P.M., AN AFFIDAVIT SHOWING PROOF THAT SHE IS THE HOLDER OF THE CLAIM OR OTHERWISE HAS STANDING TO ASSERT THE CLAIM AND TO DEFEND IT AGAINST THE TRUSTEE'S OBJECTION. IF NO AFFIDAVIT IS FILED TIMELY, THE TRUSTEE'S OBJECTION TO THE CHOVEIRI/MAALOUF CLAIAM WILL BE SUSTAINED FOR LACK OF A TIME AND VALID RESPONSE THERETO. THE HEARING NOW SET FOR JANUARY 29, 1998 AT 10:00 ON THE OBJECTION TO CLAIM IS HEREBY CONTINUED GENERALLY. Entered on 1/13/98 (mcm) (Entered: 01/13/1998)
01/13/1998 781 Notice by Paul J. Ayoub of the Law Firm of Peabody & Arnold Withdraw their Appearance as Counsel for Habib W. Mourad, Sr. and Doris Mourad Re: Notice of Appearance dated 2/23/96. (mcm) (Entered: 01/13/1998)
01/13/1998 782 Kenner, J. Procedural Order on Creditors' Motion of October 31, 1197 and on Their Joint Motion to Activate and Supplement its Undecided Issues. Regarding [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V M Management, in this Proceeding RE: [696-1] Chapter 11 Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Regarding [755-1] Motion To Activate And Supplement The Open And Undecided Issues And Prayers For Relief In Their October 31, 1997 Filed And November 21, 1997 Denied Joint Motion For A Stay And To Revoke Plan, And The Court's December 8, 1997 Memorandum Of Decision Re: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding (RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow) And [750-1] Memorandum Of Decision by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Arthur H. Goldsmith. THEREFORE, THE CREDITORS' MOTION TO ADJUDICATE THE REMAINING ISSUES IS ALLOWED: UPON RESOLUTION OF THE PENDING APPEAL, THE COURT WILL SET A FURTHER HEARING ON THE CREDITORS' MOTION OF OCTOBER 31, 1997. ***SEE PROCEDURAL ORDER DOC. #782 FOR COMPLETE TEXT*** Entered on 1/13/98 (mcm) (Entered: 01/14/1998)
01/14/1998 783 Transmission of Record on Appeal to U.S. District Court Re: [744-1] Notice Appeal by Edward Mourad, Georgette Maalouf, Alphonse and Noha Simon, Habib Mourad, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, Arthur H. Goldsmith (mnd) (Entered: 01/14/1998)
01/20/1998 784 Opposition y Trustee Stephen S. Gray To [779-1] Motion To Reconsider Order [777-1] dated 1/5/98 and the Trustee's Objections by Arthur H. Goldsmith c/s (mcm) (Entered: 01/20/1998)
01/28/1998 785 Motion By Alphonse Mourad To Compel The Trustee to Pay V & M Management's Federal Taxes . (mcm) (Entered: 01/28/1998)
01/28/1998 786 Motion By Party Alphonse Mourad To File A Late Objection To the Trustee's Recommendation that L & N's Proof of Claim be Allowed as $1,033,864 Unsecured Nonpriority Claim . Re: [734-1] Trustee's Omnibus Objection to Claims. (mcm) (Entered: 01/28/1998)
01/28/1998 787 Certificate Of Service By Alphonse Mourad Of [785-1] Motion To Compel The Trustee to Pay V & M Management's Federal Taxes by Alphonse Mourad, [786-1] Motion To File A Late Objection To the Trustee's Recommendation that L & N's Proof of Claim be Allowed as $1,033,864 Unsecured Nonpriority Claim by Alphonse Mourad . (mcm) (Entered: 01/28/1998)
01/28/1998 788 Kenner, J. Agreed Order (Signed by Habid and Doris Mourad and Stephen Gray) Regarding [760-1] Limited Objection by Doris Mourad, Habib Mourad to the Trustee's Omnibus Objection to the Filing of the Proof of Claim of Boston Private Bank & Trust. IT IS HEREBY ORDERED THAT 1) THE OBJECTION OF THE TRUSTEE TO THE CLAIM ON THE BASIS THAT THE CLAIM WAS NOT TIMELY FILED IS OVERRULED. 2) THE OBJECTIONS OF THE TRUSTEE TO THE CLAIM ON THE BASIS THAT THE CLAIM IS NOT ENTITLED TO SECURED STATUS AND THE BASIS THAT THE CLAIM IS OVERSTATED ARE SUSTAINED. 3) ACCORDINLY, THE PROOF OF CLAIM OF BOSTON PRIVATE BANK & TRUST SHALL BE ALLOWED AS AN UNSECURED NON-PRIOITY CLAIM IN THE AMOUNT OF $173,368.01. **SEE ORDER DOC. #788 FOR COMPLETE TEXT** Entered on 1/28/98 (mcm) (Entered: 01/29/1998)
01/29/1998 789 Notice of Appearance And Request For Service Of Notice By Arthur H. Goldsmith Matthew J. Mallen, **Filed in Open Court 1/29/98** (mcm) (Entered: 01/29/1998)
01/29/1998 790 Kenner, J. Order Regarding [734-1] Claims Objection by Stephen S. Gray. HEARING HELD. WITH RESPECT TO THE CLAIM OF BOSTON EDISON, THE PARTIES WILL FILE A STIPULATION OF SETTLEMENT ON OR BEFORE FEBRUARY 13, 1998 AT 4:00 P.M. IF THEY DO NOT SETTLE, THE COURT WILL SET A TRIAL DATE. WITH RESPECT TO THE CLAIMS OF MATTHEW MALLON, EDWARD J. MOURAD, MOURAD & SONS CONSTRUCTION AND GARY LEROY, THE TRUSTEE WILL FILE SUPPLEMENTAL OBJECTIONS ON OR BEFORE FEBRUARY 11, 1998 AT 4:00 P.M. AND THE COURT WILL SCHEDULE TRIAL DATES. Entered on 1/29/98 (mcm) (Entered: 01/29/1998)
01/29/1998 Hearing Held Re: [734-1] Claims Objection by Stephen S. Gray . SEE ORDER (mcm) (Entered: 01/29/1998)
02/05/1998 791 Opposition By Trustee Stephen S. Gray T o [786-1] Motion To File A Late Objection To the Trustee's Recommendation that L & N's Proof of Claim be Allowed as $1,033,864 Unsecured Nonpriority Claim by Alphonse Mourad . (mcm) (Entered: 02/05/1998)
02/05/1998 792 Stipulation Resolving Objection to Proof of Claim by and between Trustee Stephen S. Gray, Interested Party Chardon Financial Services RE: [734-1] Claims Objection by Stephen S. Gray (mcm) (Entered: 02/05/1998)
02/05/1998 793 Motion By Paul D. Moore For Approval On [792-1] Stipulation Resolving Objection to Proof of Claim by Chardon Financial Services, Stephen S. Gray . (mcm) (Entered: 02/05/1998)
02/05/1998 794 Supplemental Objection By Trustee Stephen S. Gray To Claim of Arthur Goldsmith. Exhibit "A" Attached (mcm) (Entered: 02/05/1998)
02/05/1998 795 Statement of Creditors' Trustee Regarding Claims of Arthur Goldsmith and Chardon Financial Services RE: [792-1] Stipulation by Chardon Financial Services, Stephen S. Gray, [794-1] Supplement Claims Objection by Stephen S. Gray (mcm) (Entered: 02/05/1998)
02/05/1998 796 Certificate Of Service By Thomas M. Tomlinson Of [795-1] Statement of Creditors' Trustee Regarding Claims of ARthur Goldsmith and Chardon Financial Services, Inc. [794-1] Supplemental Claims Objection by Stephen S. Gray, [793-1] Motion For Approval On [792-1] Stipulation Resolving Objection to of Claim by Chardon Financial Services, Stephen S. Gray by Paul D. Moore, [791-1] Objection to Alphonse Mourad's Motion to File a Late Objection by Stephen S. Gray . (mcm) (Entered: 02/05/1998)
02/05/1998 797 Objection By Mario Nicosia/Judith Moriarty, L&N Trust To [786-1] Motion To File A Late Objection To the Trustee's Recommendation that L & N's Proof of Claim be Allowed as $1,033,864 Unsecured Nonpriority Claim by Alphonse Mourad. c/s (mcm) (Entered: 02/06/1998)
02/09/1998 798 Response of Creditors' Trustee Stephen Gray To [785-1] Motion To Compel The Trustee to Pay V & M Management's Federal Taxes by Alphonse Mourad . c/s (mcm) (Entered: 02/10/1998)
02/11/1998 799 Trustee's Supplemental Objection To Proofs of Claim Of Gary Leroy, Matthew Mallen, Edward Mourad And Mourad And Sons Construction And Electric, Inc. Re: [734-1] Trustees Objection to Claim (various) Pursuant to 11 USC 502 Fed. Bankruptcy P. 3007. C/S. (mnd) (Entered: 02/12/1998)
02/12/1998 Disposition of Adversary (97-1156) Dismissing [1-1] (Complaint NOS 435 Validity/Priority/Extent Lien ) (ymw) (Entered: 02/12/1998)
02/12/1998 Adversary Proceeding (97-1156) Closed. (96-10123) (ymw) (Entered: 02/12/1998)
02/12/1998 800 Kenner, J. Memorandum of Decision Re: [786-1] Motion To File A Late Objection To the Trustee's Recommendation that L & N's Proof of Claim be Allowed as $1,033,864 Unsecured Nonpriority Claim by Alphonse Mourad. ...FOR THESE REASONS, THE LATE MOTION IS FRIVOLOUS AND WILL BE DENIED. Entered on 2/13/98 ***SEE MEMORANDUM OF DECISION DOC. #800 FOR COMPLETE TEXT*** (mcm) (Entered: 02/13/1998)
02/12/1998 801 Kenner, J. Order Denying [786-1] Motion To File A Late Objection To the Trustee's Recommendation that L & N's Proof of Claim be Allowed as $1,033,864 Unsecured Nonpriority Claim by Alphonse Mourad. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF ALPHONSE MOURAD TO FILE A LATE OBJECTION TO THE TRUSTEE'S RECOMMENDATION THAT THE PROOF OF CLAIM OF L & N FIRST MORTGAGE REALTY TRUST BE ALLOWED AS A $1,033,864 UNSECURED NONPRIORTIY CLAIM IS HEREBY DENIED. Entered on 2/12/98 (mcm) (Entered: 02/13/1998)
02/12/1998 802 Kenner, J. Order With Respect To: [734-1] Omnibus Objection To Claims Pursuant to 11 U.S.C. Sec. 502 and Fed. R. Bankr. P. 3007 by Stephen S. Gray. ORDERED, ADJUDGED AND DECREED THAT 1) VICTOR ARONOW. THE PROOF OF CLAIM FILED BY VICTOR ARONOW ON OR ABOUT FEBRUARY 9, 1996 BE, AND IT HEREBY IS, DISALLOWED IN FULL AND EXPUNGED. 2) BOSTON EDISON COMPANY ("BOSTON EDISON"). THE PROOF OF CLAIM FILED BY BOSTON EDISON ON FEBRUARY 8, 1996 BE, AND IT HEREBY IS, DISALLOWED IN FULL AS HAVING BEEN SUPERSEDED BY THE PROOF OF CLAIM FILED BY BOSTON EDISON ON JULY 17, 1997. 3) BOSTON GAS COMPANY. THE PROOF OF CLAIM FILED BY BOSTON GAS COMPANY ON OR ABOUT APRIL 2, 1996 BE, AND IT HEREBY IS, DISALLOWED IN FULL AND EXPUNGED. 4) BURNS INTERNATIONAL SECURITY SERVICES ("BURNS'). THE PROOF OF CLAIM FILED BY BURNS ON OR ABOUT JANUARY 19, 1996, BE AND IT HEREBY IS, DISALLOWED IN FULL AND EXPUNGED. 5) L&N FIRST MORTGAGE REALTY TRUST ("L&N"). IN ACCORDANCE WITH THE L&N RESPONSE, THE PROOF OF CLAIM FILED BY L&N ON OR ABOUT JULY 25, 1997 BE, AND IT HEREBY IS ALLOWED AS AN UNSECURED NON-PRIORITY CLAIM IN THE TOTAL AMOUNT OF $1,033,864. 6) ALPHONSE MOURAD. THE CLAIM OF ALPHONSE MOURAD LISTED IN THE DEBTOR'S SCHEDULES IN THE AMOUNT OF $127,888.64 BE, AND IT HEREBY IS DISALLOWED IN FULL AND EXPUNGED. 7) HABIB AND DORIS MOURAD. THE PROOF OF CLAIM FILED BY HABIB AND DORIS MOURAD ON OR ABOUT AUGUST 1, 1996, BE, AND IT HEREBY IS, ALLOWED AS AN UNSECURED NON-PRIORITY CLAIM IN THE TOTAL AMOUNT OF $147,392. 8) ALPHONSE AND NOHA SIMON. THE PROOF OF CLAIM FILED BY ALPHONSE AND NOHA SIMON ON OR ABOUT AUGUST 1, 1996 BE, AND IT HEREBY IS, ALLOWED AS AN UNSECURED NON-PRIORITY CLAIM IN THE TOTAL AMOUNT OF $93,147. Entered on 2/12/98 ***SEE ORDER DOC. #802 FOR COMPLETE TEXT*** (mcm) (Entered: 02/13/1998)
02/13/1998 803 Stipulation Resolving Objection to Proof of Claim of Boston Edison Company by and between Trustee Stephen S. Gray, Creditor Boston Edison Company. **Attached As Exhibit "A" to Doc. #804** (mcm) (Entered: 02/17/1998)
02/13/1998 804 Motion By Stephen Gray For Approval On [803-1] Stipulation Resolving Objection to Proof of Claim of Boston Edison Co. by Boston Edison Company, Stephen S. Gray . c/s (mcm) (Entered: 02/17/1998)
02/13/1998 805 Affidavit of Georgette Maalouf Establishing that Georgette Maalouf has Authority and Standing from Tanious Choueiri and Rachel Maalouf to Advance and Defend a Proof of Claim Previously Filed on August 12, 1996, by Georgette Maalouf for Tanious Choueiri and Rachel Maalouf, as Their Duly Authorized Agent and Attorney in Fact RE: [780-1] Procedural Order, On [734-1] Objection to Claim of Tanious Choueiri and Rachel Malouf by Stephen S. Gray, and [763-1] Motion To Strike Paragraphs 34 & 35 Of [734-1] Trustee's Omnibus Objection To Claims Pursuant To U.S.C. Section 502 And Fed. R. Bankr. P. 3007 By Stephen S. Gray by Georgette Maalouf. Exhibit A & B Attached. (mcm) (Entered: 02/17/1998)
03/09/1998 Endorsement Order Granting [804-1] Motion For Approval On [803-1] Stipulation Resolving Objection to Proof of Claim of Boston Edison Co. by Boston Edison Company, Stephen S. Gray NO RESPONSE OR OBJECTION FILED. ALLOWED. Entered on 3/9/98 (mcm) (Entered: 03/09/1998)
03/09/1998 Endorsement Order Allowing [793-1] Motion For Approval On [792-1] Stipulation Resolving Objection to Proof of Claim by Chardon Financial Services, Stephen S. Gray by Paul D. Moore NO OBJECTION. ALLOWED. THE STIPULATION IS HEREBY APPROVED. Entered on 3/9/98 (mcm) (Entered: 03/10/1998)
03/11/1998 806 Supplemental Application By Paul D. Moore of the Law Firm of Choate, Hall & Steward as Counsel for Trustee Stephen S. Gray For Allowance of Attorneys' fee and Expenses . (mcm) (Entered: 03/11/1998)
03/11/1998 807 Motion By Paul Moore To Limit Notice Re: [806-1] Application For Allowance of Attorneys' fee and Expenses as Counsel to the Trustee by Paul D. Moore (mcm) (Entered: 03/11/1998)
03/11/1998 808 Certificate Of Service By Paul D. Moore Of [807-1] Motion To Limit Notice of Hearing, RE: [806-1] Application For Allowance of Attorneys' fee and Expenses by Paul D. Moore . (mcm) (Entered: 03/11/1998)
03/19/1998 809 Kenner, J. Memorandum of Decision Re: [779-1] Motion To Reconsider Order [777-1] dated 1/5/98 by Arthur H. Goldsmith ...A SEPARATE ORDER WILL ENTER DENYING THE MOTION. Entered on 3/19/98. ***SEE MEMORANDUM OF DECISION DOC. #809 FOR COMPLETE TEST*** (mcm) (Entered: 03/19/1998)
03/19/1998 810 Kenner, J. Order Denying [779-1] Motion To Reconsider Order [777-1] dated 1/5/98 by Arthur H. Goldsmith. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF ARTHUR GOLDSMITH TO RECONSIDER THE COURT'S 1/5/98 ORDERS IS HEREBY DENIED. Entered on 3/19/98 (mcm) (Entered: 03/19/1998)
03/30/1998 811 Kenner, J. Order Allowing [807-1] Motion To Limit Notice . THE MOTION TO LIMIT NOTICE IS ALLOWED. MOVANT SHALL GIVE NOTICE THAT ANY OBJECTION MUST BE FILED WITHIN 10 DAYS OF THE DATE OF THE NOTICE. IF THE COURT BELIEVES A HEARING IS NECESSARY, IT WILL THEN SCHEDULE ONE. Entered on 3/30/98 (mcm) (Entered: 03/31/1998)
03/30/1998 812 Stipulation by and between Trustee Stephen S. Gray and Matthew J. Mallen Resolving Objection To Proof Of Claim Of Matthew Mallen. Re: [734-1] Claims Objection by Stephen S. Gray. (ndl) (Entered: 03/31/1998)
03/30/1998 813 Motion of Creditors' Trustee Stephen S. Gray To Approve Stipulation Resolving Objection To Proof Of Claim Of Matthew Mallen. Re: [812-1] Stipulation by Matthew J. Mallen, Stephen S. Gray . C/S. (ndl) (Entered: 03/31/1998)
04/02/1998 814 Notice of Objection Deadline on Choate, Hall & Stewart;s Supplemental Application for Allowant of Attorneys; Fees and Expenses as Counsel to the Trustee by Paul D. Moore for Trustee Stephen S. Gray RE: [806-1] Supplemental Application For Allowance of Attorneys' fee and Expenses by Paul D. Moore c/s (mcm) (Entered: 04/03/1998)
04/03/1998 Endorsement Order Regarding [799-1] Supplemental Objection to Proofs of Claim of Gary Leroy, Matthew Mallen, Edward Mourad & Mourad & Sons Construction and Electric, Inc. by Stephen S. Gray. ANY RESPONSE TO THE SUPPLEMENTAL OBJECTION SHALL BE FILED AND SERVED BY 4/20/98 AT 4:00 P.M. TRUSTEE SHALL FILE NOTICE AND FILE C/S. Entered on 4/3/98 (mcm) (Entered: 04/03/1998)
04/08/1998 815 Notice of Response Deadline by Paul D. Moore for Trustee Stephen S. Gray [799-1] RE: Trustee's Supplemental Objection to Proofs of Claim of Gary Leroy, Matthew Mallen, Edward Mourad and Mourad and Sons Construction and Electric, Inc. by Stephen S. Gray c/s (mcm) (Entered: 04/09/1998)
04/14/1998 Endorsement Order Allowing [806-1] Supplemental Application For Allowance of Attorneys' fee and Expenses by Paul D. Moore. NO OBJECTION FILED. FEES OF $77,710.50 AND EXPS. OF $3,392.79 ARE ALLOWED. Entered on 4/14/98 (mcm) (Entered: 04/14/1998)
04/21/1998 816 Statement of Settlement filed by Thomas M. Tomlinson Re: Proofs of Claim of Gary Leroy, Edward Mourad, & Mourad & Sons Construction and Electric. c/s` (mcm) (Entered: 04/22/1998)
04/21/1998 Endorsement Order Allowing [813-1] Motion To Approve Stipulation Resolving Objection To Proof Of Claim Of Matthew Mallen. Re: [812-1] Stipulation by Matthew J. Mallen, Stephen S. Gray by Stephen S. Gray. NO OBJECTION FILED. ALLOWED. Entered on 4/21/98 (mcm) (Entered: 04/22/1998)
04/27/1998 817 Order of Dismissal By Bankruptcy Appellate Panel [741-1] Order (mcm) (Entered: 04/27/1998)
04/28/1998 818 Stipulation Resolving Objection to Proof of Claim of Gary Leroy by and between Gary Leroy, Trustee Stephen S. Gray Re: [799-1] Supplemental Objection to Claims by Stephen S. Gray **Attached As Exhibit "A" to Doc. #819** (mcm) (Entered: 04/28/1998)
04/28/1998 819 Motion By Thomas M. Tomlinson To Approve [818-1] Stipulation Resolving Objection to Proof of Claim by Stephen S. Gray, Gary Leroy . (mcm) (Entered: 04/28/1998)
04/28/1998 820 Stipulation Resolving Objection to Proof of Claim of Edward Mourad and Mourad & Sons Construction and Electric, Inc. by and between Edward Mourad, Mourad & Sons Construction And Electric,, Trustee Stephen S. Gray Re: [799-1] Supplemental Objection to Claims by Stephen S. Gray **Attached as Exhibit "A" to Doc. #821** (mcm) (Entered: 04/28/1998)
04/28/1998 821 Motion By Thomas M. Tomlinson To Approve [820-1] Stipulation Resolving Objection to Proof of Claim of Edward Mourad and Mourad & Sons Construction and Electric Do. by Stephen S. Gray, Mourad & Sons Construction And Electric,, Edward Mourad . (mcm) (Entered: 04/28/1998)
04/28/1998 822 Certificate Of Service By Thomas M. Tomlinson Of [821-1] Motion To Approve [820-1] Stipulation Resolving Objection to Proof of Claim of Edward Mourad and Mourad & Sons Construction and Electric Do. by Stephen S. Gray, Mourad & Sons Construction And Electric, Edward Mourad by Paul D. Moore, [819-1] Motion To Approve [818-1] Stipulation Resolving Objection to Proof of Claim by Stephen S. Gray, Gary Leroy by Paul D. Moore . (mcm) (Entered: 04/28/1998)
05/20/1998 823 Final Order By Judge Gertner dated 12/2/98: GRANTING JOINT MOTION TO DISMISS (Joint Motion to Dismiss filed by Commonwealth of Massachusetts document #9 on district court docket 96Ccv11199 Re: [120-1] Kenner J. Order dated 4/1/96. **96cv11199 Case Closed 12/23/96. **Copy of District Court Docket filed. (mnd) (Entered: 05/20/1998)
05/22/1998 824 Stipulation Resolving Objection to Proof of Claim of Arthur Goldsmith by and between Trustee Stephen S. Gray, Creditor Arthur H. Goldsmith Re: [734-1] Claims Objection by Stephen S. Gray ***Attached as Exhibit "A" to Doc. #825*** (mcm) (Entered: 05/22/1998)
05/22/1998 825 Motion By Paul D. Moore for Trustee Stephen S. Gray For Approval On [824-1] Stipulation Resolving Objection to Proof of Claim of Arthur Goldsmith by Arthur H. Goldsmith, Stephen S. Gray . c/s (mcm) (Entered: 05/22/1998)
05/27/1998 Endorsement Order Granting [819-1] Motion To Approve [818-1] Stipulation Resolving Objection to Proof of Claim by Stephen S. Gray, Gary Leroy by Paul D. Moore. NO OBJECTION FILED. ALLOWED. Entered on 5/27/98 (mcm) (Entered: 05/27/1998)
05/27/1998 Endorsement Order Granting [821-1] Motion To Approve [820-1] Stipulation Resolving Objection to Proof of Claim of Edward Mourad and Mourad & Sons Construction and Electric Do. by Stephen S. Gray, Mourad & Sons Construction And Electric, Edward Mourad by Paul D. Moore. NO OBJECTION FILED. ALLOWED. Entered on 5/27/98 (mcm) (Entered: 05/27/1998)
06/01/1998 826 Motion by Alphonse Mourad For Recusal of Chief Judge Carol J. Kenner on the Ground of her Commiting Perjury Judicial Council for the First Circuit. Exhibits and C/S Attached. (mcm) (Entered: 06/01/1998)
06/01/1998 827 Kenner, J. Procedural Order On Objection to Claim of Tanious Choueiri and Rachel Maalouf Regarding [734-1] Omnibus Objection to Claims by Stephen S. Gray. THE COURT WILL HOLD AN EVIDENTIARY HEARING ON THE TRUSTEE'S OBJECTION TO THE PROOF OF CLAIM OF TANIOUS CHOUEIRI AND RACHEL MAALOUF ON SEPTEMBER 16, 1998 AT 10:30 A.M., IN COURTROOM 4 OF THE UNITED STATES BANKRUPTCY COURT, 11TH FLOOR, THOMAS P. O'NEILL FEDERAL BUILDING, 10 CAUSEWAY STREET BOSTON, MASSACHUSETTS. Entered on 6/1/98 (mcm) (Entered: 06/03/1998)
06/08/1998 828 Certificate Of Service By Alphonse Mourad Of [826-1] Motion For Recusal of Chief Judge Carol J. Kenner on the Ground of her Commiting Perjury Judicial Council for the First Circuit. by Alphonse Mourad . (mcm) (Entered: 06/09/1998)
06/11/1998 829 Objection By United States Trustee To [826-1] Motion For Recusal of Chief Judge Carol J. Kenner on the Ground of her Commiting Perjury Judicial Council for the First Circuit. by Alphonse Mourad . c/s (mcm) (Entered: 06/12/1998)
06/11/1998 830 Opposition of the Governmental Entities By Massachusetts Department of Revenue, City of Boston, Boston Redevelopment Authority To [826-1] Motion For Recusal of Chief Judge Carol J. Kenner on the Ground of her Commiting Perjury Judicial Council for the First Circuit. by Alphonse Mourad . c/s (mcm) (Entered: 06/12/1998)
06/12/1998 831 Mandate, Order of Dismissal by Bankruptcy Appellate Panel Re: [741-1] Order Denying [724-2] Joint Motion for Emergency Stay and [724-1] Revocation of Order Confirming Plan. A NOTICE OF VOLUNTARY WITHDRAWL OF APPEAL WITHOUT PREJUDICE(SIC) HAVING BEEN FILED ON MARCH 16, 1998, IT IS HEREBY ORDERED THAT THE ABOVE ENTITLED APEAL BE AND HEREBY IS DISMISSED *SEE MANDATE FOR COMPLETE TEXT. (mnd) (Entered: 06/12/1998)
06/18/1998 832 Opposition of Creditors' Trustee Stephen S. Gray To [826-1] Motion For Recusal of Chief Judge Carol J. Kenner on the Ground of her Commiting Perjury Judicial Council for the First Circuit by Alphonse Mourad . c/s (mcm) (Entered: 06/19/1998)
06/25/1998 833 Notice of Appearance And Request For Service Of Notice By Jeffrey S. Ogilvie for Creditor Massachusetts Department of Revenue. c/s (mcm) (Entered: 06/26/1998)
06/30/1998 834 Motion By Alphonse Mourad To Compel the Court to Order the Resignation of Asst. U.S. Trustee Attorney, Eric Bradford , and Strike [829-1] Opposition to Mourad's Motion for Recusal by United States Exhibits 1 - 16. c/s Trustee (mcm) (Entered: 06/30/1998)
07/01/1998 835 U.S. Trustee's Objection To Motion To Order Resignation. Re: [834-1] Motion To Compel the Court to Order the Resignation of Asst. U.S. Trustee Attorney, Eric Bradford by Alphonse Mourad, [834-2] Motion Strike [829-1] Opposition to Mourad's Motion for Recusal by United States Exhibits 1 - 16. c/s Trustee by Alphonse Mourad. C/S. (ndl) (Entered: 07/02/1998)
07/30/1998 836 Mourad's Non Prejudical Withdrawal of his Motion to Compel the Resignation of Assistant U.S. Trustee Eric Bradford in Order to Permit the U.S. Department of Justice to Continue its Investigation of Bradford's Alleged Misconduct in the V & M Management Inc. Bankruptcy Case Before this Court re: [834-1] Motion To Compel the Court to Order the Resignation of U.S. Trustee Attorney, Eric Bradford by Alphonse Mourad c/s. Exhibits Attached. (mcm) (Entered: 07/30/1998)
08/11/1998 837 Motion by Alphonse Mourad To Supplement his Motion to Recuse Judge Kenner RE: [826-1] Motion For Recusal of Chief Judge Carol J. Kenner on the Ground of her Commiting Perjury Judicial Council for the c/s First Circuit. . (mcm) (Entered: 08/11/1998)
09/16/1998 838 Kenner, J. Order Regarding [734-1] Claims Objection by Stephen S. Gray. HEARING HELD. NO ONE ON BEHALF OF THE CREDITORS T. CHOUVIERI AND R. MALOUF HAS APPEARED; IT IS NOW 11:05 A.M. AND THIS HEARING IS SCHEDULED FOR 10:30 A.M. THE TRUSTEE'S OBJECTION TO THE CLAIM OF TANIOUS CHOVEIRI AND RACHEL MALOUF IS SUSTAINED. THE CLAIM IS DISALLOWED IN ITS ENTIRETY. THE COURT MADE FINDINGS OF FACTS AND RULING OF LAW ON THE RECORD. Entered on 9/16/98 (mcm) (Entered: 09/17/1998)
09/16/1998 Hearing Held Re: [734-1] Claims Objection by Stephen S. Gray . (mcm) (Entered: 09/17/1998)
09/17/1998 839 Motion by Alphonse Mourad To Allow Administrative Claim of Alphonse Mourad Late c/s (mcm) (Entered: 09/17/1998)
09/30/1998 840 Opposition Of Creditors' Trustee Stephen S. Gray To Motion To Allow Administrative Claim Of Alphonse Mourad Late. Re: [839-1] Motion To Allow Administrative Claim of Alphonse Mourad Late by Alphonse Mourad. C/S. (ndl) (Entered: 10/01/1998)
10/15/1998 841 Interim Report on Administration Progress filed by Kerry S. Kehoe for Stephen S. Gray, Creditors' Trustee. Exhibits and C/S attached. (mcm) (Entered: 10/16/1998)
10/27/1998 842 Motion by Georgette Maalouf To Expedite Ruling On [763-1] Motion To Strike Paragraphs 34 & 35 Of [734-1] Trustee's Omnibus Objection To Claims Pursuant To U.S.C. Section 502 And Fed. R. Bankr. P. 3007 By Stephen S. Gray by Georgette Maalouf, [734-1] Claims Objection by Stephen S. Gray c/s (mcm) (Entered: 10/27/1998)
10/27/1998 Endorsement Order Regarding [842-1] Motion To Expedite Ruling On [763-1] Motion To Strike Paragraphs 34 & 35 Of [734-1] Trustee's Omnibus Objection To Claims Pursuant To U.S.C. Section 502 And Fed. R. Bankr. P. 3007 By Stephen S. Gray by Georgette Maalouf, [734-1] Claims Objection by Stephen S. Gray by Georgette Maalouf. THE COURT RULED ON THE 12/29/97 MOTION MORE THAN 9 MONTHS AGO. THIS MOTION IS FRIVALOUS AND IS MOOT. Entered on 10/27/98 (mcm) (Entered: 10/28/1998)
11/05/1998 843 Emergency Motion by Alphonse Mourad To be Imprisoned, and to go on a Hunger Strike Protest Until Judge Kenner Rules on Mourad's Six Motions that have been Pending Since January of 1998. Also, Due to Judge Kenner's Bias to a Middle-Eastern Developer Who Owned 276 Units in Boston, and Her Intentional and Deliberate Cover-up of the Collaborative Perjury and Fraud Committed by Her Friends, Trustee, Stephen S. Gray, Her Former Clerk and Friend Harold Murphy, Saul Schapire of the BRA, and Howard Cohen of Beacon Management, a Company Worth in Excess of 5 Billion Dollars, Who Illegally Obtained State Tax Credits to Fund The Fraudulent Take Over. Bottom Line is That This is A Case of Jewish Developers Who are all Connected and Control The Politicians and Judges in Boston, That Robed the Mourad Family of 18 Years of Hard Work and Their Livelihood Overnight Exhibits and C/S Attached. (mcm) (Entered: 11/05/1998)
11/08/1998 884 Receipt of Notice of Appeal by Bankruptcy Appellate Panel re: [872-1] Notice Appeal by Alphonse Mourad BAP Dkt #: MB-095 (mcm) (Entered: 12/09/1998)
11/10/1998 844 Motion For by Trustee Stephen S. Gray For Final Decree Closing Bankruptcy Case (mcm) (Entered: 11/10/1998)
11/10/1998 845 Affidavit of Stephen S. Gray in Suppor of [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray Exhibits Attached. (mcm) (Entered: 11/10/1998)
11/10/1998 846 Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [845-1] Affidavit of Stephen S. Gray in Support of [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray . (mcm) (Entered: 11/10/1998)
11/12/1998 847 Kenner, J. Procedural Order. THE COURT WILL CONDUCT 1) A FINAL, EVIDENTIARY HEARING ON THE REMAINING ISSUES IN THE "JOINT EMERGENCY MOTION OF CREDITORS AND PARTIES AT INTEREST FOR AN EMERGENCY STAY, AND FOR RELIEF FROM, AND TO REVOKE, THE SEPTEMBER 26, 1997, ORDER CONFIRMING THE REORGANIZATION PLAN, AND TO RETROACTIVELY REMOVE TRUSTEE GRAY, AND TO VACATE THE SEPTEMBER 19, 1997 ORDERS ALLOWING FEES TO GRAY AND TO HANIFY & KING, AND ORDER THOSE FEES RETURNED, FOR THE SERIOUS BREACH AND UNDISCLOSED CONFLICT OF INTEREST IN HAVING ATTORNEY HAROLD MURPHY AND HANIFY & KING SIMULTANEOUSLY REPRESENT STEPHEN GRAY IN A RHODE ISLAND BANKRUPTCY WHILE MURPHY WAS STILL COUNSEL TO THE DEBTOR, V & M MANAGEMENT, IN THIS PROCEEDING"; AND, AT THE SAME TIME, 2) A HEARING ON THE MOTION OF THE CREDITORS' TRUSTEE FOR ENTRY OF FINAL DECREE CLOSING THE BANKRUPTCY CASE. ON NOVEMBER 30, 1998 AT 9:30 A.M. IN COURTROOM 4 OF THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS, 11TH FLOOR, THOMAS P. O'NEILL, JR FEDERAL BUILDING, 10 CAUSEWAY STREET, BOSTON, MASSACHUSETTS. ANY OBJECTION TO THE MOTION FOR ENTRY OF FINAL DECREE MUST BE FILED BY NOVEMBER 20, 1998 AT 4:00 P.M. RE: [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray, Regarding [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. Entered on 11/12/98 (mcm) (Entered: 11/12/1998)
11/12/1998 Evidentiary Hearing Re: [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray, [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow Scheduled For 9:30 11/30/98 at Courtroom 4, Boston. Objections to Motion Due On: 4:00 11/20/98 (mcm) (Entered: 11/12/1998)
11/13/1998 848 Emergency Motion by Alphonse Mourad Vowing Not to Leave Chief Judge Kenner's Courtroom and will be Arrested, and Go on a Hunger Strike Unless She (Kenner) Recognizes his (Mourad's) Claims and Sets Date to Hear His Motions c/s (mcm) (Entered: 11/13/1998)
11/13/1998 849 Motion by Alphonse Mourad To Modify November 12, 1998 [847-1] Procedural Order c/s (mcm) (Entered: 11/13/1998)
11/16/1998 850 Kenner, J. Memorandum of Decision Re: [826-1] Motion For Recusal of Chief Judge Carol J. Kenner on the Ground of her Commiting Perjury Judicial Council for First Circuit by Alphonse Mourad. I WILL DENY THE MOTION TO RECUSE. Entered on 11/16/98. ***SEE MEMORANDUM OF DECISION DOC. #850 FOR C COMPLETE TEXT*** (mcm) (Entered: 11/16/1998)
11/16/1998 851 Kenner, J. Order Denying [826-1] Motion For Recusal of Chief Judge Carol J. Kenner on the Ground of her Commiting Perjury Judicial Council for the First Circuit by Alphonse Mourad. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF ALPHONSE MOURAD FOR RECUSAL, FILED JUNE 1, 1998 IS HEREBY DENIED. Entered on 11/16/98 (mcm) (Entered: 11/16/1998)
11/16/1998 852 Kenner, J. Memorandum Of Decision Re: [839-1] Motion To Allow Administrative Claim of Alphonse Mourad Late by Alphonse Mourad. I WILL DENY THE MOTION ON ITS MERITS WITHOUT REACHING THE ISSUE OF CAUSE TO ASSERT A LATE CLAIM. Entered on 11/16/98. ***SEE MEMORANDUM OF DECISION DOC. #852 FOR COMPLETE TEXT*** (mcm) (Entered: 11/16/1998)
11/16/1998 853 Kenner, J. Order Denying [839-1] Motion To Allow Administrative Claim of Alphonse Mourad Late by Alphonse Mourad. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF ALPHONE MOURAD TO ALLOW ADMINISTRATIVE CLAIM LATE IS HEREBY DENIED. Entered on 11/16/98 (mcm) (Entered: 11/16/1998)
11/16/1998 854 Kenner, J. Memorandum Of Decision Re: [785-1] Motion To Compel The Trustee to Pay V & M Management's Federal Taxes by Alphonse Mourad. A SEPARATE ORDER WILL ENTER IN ACCORADANCE WITH THE ABOVE RULINGS. Entered on 11/16/98. ***SEE MEMORANDUM OF DECISION DOC. #854 FOR COMPLETE TEXT*** (mcm) (Entered: 11/16/1998)
11/16/1998 855 Kenner, J. Order Denying [785-1] Motion To Compel The Trustee to Pay & M Management's Federal Taxes by Alphonse Mourad. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF ALPHONSE MOURAD TO COMPEL THE TRUSTEE TO PAY FEDERAL TAXES AND PENALTIES ASSESSED AGAINST V & M MANAGEMENT, INC. IS HEREBY DENIED. Entered on 11/16/98 (mcm) (Entered: 11/16/1998)
11/16/1998 Endorsement Order Denying [849-1] Motion To Modify November 12, 1998 [847-1] Procedural Order by Alphonse Mourad DENIED. Entered on 11/6/98 (mcm) (Entered: 11/16/1998)
11/16/1998 Endorsement Order Regarding [848-1] Motion Vowing Not to Leave Chief Judge Kenner's Courtroom and will be Arrested, and Go on a Hunger Strike Unless She (Kenner) Recognizes his (Mourad's) Claims and Sets Date to Hear His Motions by Alphonse Mourad. NOT JUSTICIABLE. Entered on 11/16/98 (mcm) (Entered: 11/16/1998)
11/16/1998 Endorsement Order Regarding [843-1] Motion To be Imprisoned, and to go on a Hunger Strike Protest Until Judge Kenner Rules on Mourad's Six Motions that have been Pending Since January of 1998. Also, Due to Judge Kenner's Bias to a Middle-Eastern Developer Who Owned 276 Units in Boston, and Her Intentional and Deliberate Cover-up of the Collaborative Perjury and Fraud Committed by Her Friends, Trustee, Stephen S. Gray, Her Former Clerk and Friend Harold Murphy, Saul Schapire of the BRA, and Howard Cohen of Beacon Management, a Company Worth in Excess of 5 Billion Dollars, Who Illegally Obtained State Tax Credits to Fund The Fraudulent Take Over. Bottom Line is That This is A Case of Jewish Developers Who are all Connected and Control The Politicians and Judges in Boston, That Robed the Mourad Family of 18 Years of Hard Work and Their Livelihood Overnight by Alphonse Mourad. NOT JUSTICIABLE. Entered on 11/16/98 (mcm) (Entered: 11/16/1998)
11/16/1998 Endorsement Order Allowing [825-1] Motion For Approval On [824-1] Stipulation Resolving Objection to Proof of Claim of Arthur Goldsmith by Arthur H. Goldsmith, Stephen S. Gray by Paul D. Moore. THE COURT HAVING RULED TODAY ON THE MOTION TO RECUSE, THIS MOTION IS NOW RIPE. NO OBJECTION WAS FILED, THUS MO. TO APPROVE STIPULATION IS ALLOWED. Entered on 11/16/98 (mcm) (Entered: 11/16/1998)
11/16/1998 856 Kenner, J. Order. PURSUANT TO TWO OF HIS RECENT MOTIONS ENTITLED 1. RE: [843-1] "Emergency Motion by Alphonse Mourad To be Imprisoned, and to go on a Hunger Strike Protest Until Judge Kenner Rules on Mourad's Six Motions that have been Pending Since January 1998. Also, Due to Judge Kenner's Bias to a Middle-Eastern Developer Who Owned 276 Units in Boston, and Her and Deliberate Cover-up of the Collaborative Perjury and Fraud Committed by Her Friends, Trustee, Stephen S. Gray, Her Former Clerk and Friend Harold Murphy, Saul Schapire of the BRA, and Howard Cohen of Beacon Management, a Company Worth in Excess of 5 Billion Dollars, Who Illegally State Tax Credits to Fund The Fraudulent Take Over. Bottom Line is That This is A Case of Jewish Developers Who are Connected and Control The Politicians and Judges in Boston, That Robed [Sic] the Mourad Family of 18 Years of Hard Work and Their Livelihood Overnight," filed on November 5, 1998 and 2. RE: [848-1] "Emergency Motion Vowing Not to Leave Chief Judge Kenner's Courtroom and will be Arrested, and Go on a Hunger Strike Unless She (Kenner) Recognizes his (Mourad's) Claims and Sets Date to Hear His Motions," filed on November 13, 1998, ALPHONSE MOURAD, THE DEBTOR'S SOLE SHAREHOLDER, DIRECTOR AND OFFICER, HAS TWICE-ON THURSDAY, NOVEMBER 5, 1998, AND FRIDAY, NOVEMBER 13, 1998-APPEARED AT THE PREMISES OF THIS COURT IN ATTEMPTS TO DISRUPT COURT BUSINESS BY VOWING NOT TO LEAVE THE PREMISES OF THE BANKRUPTCY COURT AND COURTROOMS. THEREFORE, IT IS HEREBY ORDERED THAT, EXCEPT ONLY FOR THE HEARING IN THIS CASE SCHEDULED FOR NOVEMBER 30, 1998, ALPHONSE MOURAD IS BARRED FROM ENTERING THE ELEVENTH FLOOR OF THE O'NEILL BUILDING, 10 CAUSEWAY STREET, BOSTON, MASSACHUSETTS, UNTIL FURTHER ORDER OF THIS COURT. Entered on 11/16/98 (mcm) (Entered: 11/16/1998)
11/16/1998 857 Request for Court Action Approving Stipulation by Creditor Arthur H. Goldsmith RE: [825-1] Motion For Approval On [824-1] Stipulation Resolving Objection to Proof of Claim of Arthur Goldsmith by Arthur H. Goldsmith, Stephen S. Gray by Paul D. Moore (mcm) (Entered: 11/16/1998)
11/17/1998 Endorsement Order Mooting [857-1] Request for Court Action Approving Stipulation by Arthur H. Goldsmith. MOOT. THE COURT RULED YESTERDAY. Entered on 11/17/98 (mcm) (Entered: 11/17/1998)
11/19/1998 858 Amended [844-1] Motion For Final Decree Closing Bankruptcy Case Filed By: Wilner Borgellae for Trustee Stephen S. Gray (mcm) (Entered: 11/19/1998)
11/19/1998 859 Amended [845-1] Affidavit of Stephen S. Gray in Support of [858-1] Amended Motion for Entry of Final Decree Closing Bankruptcy Case Filed By Wilner Borgella for Stephen S. Gray (mcm) (Entered: 11/19/1998)
11/19/1998 860 Certificate Of Service By Wilner Borgella Of [859-1] Amended Affidavit of Stephen S. Gray, RE: [858-1] Amended Motion for Entry of Final Decree Closing BAnrkuptcy by Wilner Borgella . (mcm) (Entered: 11/19/1998)
11/20/1998 861 Opposition by Alphonse Mourad To [858-1] Amended [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray. c/s (mcm) (Entered: 11/20/1998)
11/20/1998 861 Motion Alphonse Mourad To Retroactively Remove Trustee Gray, Revoke Beacon Residential Property's Reorganization Plan, To Request Hanify & King and Trustee Gray's Fees Returned, and to Retroactively Return The Mandela Apartments to the Debtor, V & M Management, Inc., and it's Sole Stockholder, Alphonse Mourad c/s (mcm) (Entered: 11/20/1998)
11/20/1998 Endorsement Order Regarding [861-1] Motion To Retroactively Remove Trustee Gray, Revoke Beacon Residential Property's Reorganization Plan, To Request Hanify & King and Trustee Gray's Fees Returned, and to Retroactively Return The Mandela Apartments to the Debtor, V & M Management, Inc., and it's Sole Stockholder, Alphonse Mourad by Alphonse Mourad. THE COURT WILL SCHEDULE A HEARING ON NOV. 30, 1998. Entered on 11/20/98 (mcm) (Entered: 11/20/1998)
11/20/1998 Hearing Re: [861-1] Motion To Retroactively Remove Trustee Gray, Revoke Beacon Residential Property's Reorganization Plan, To Request Hanify & King and Trustee Gray's Fees Returned, and to Retroactively Return The Mandela Apartments to the Debtor, V & M Management, Inc., and it's Sole Stockholder, Alphonse Mourad by Alphonse Mourad Scheduled For 9:30 11/30/98 at Courtroom 4, Boston. (mcm) (Entered: 11/20/1998)
11/20/1998 862 Motion By Victor Aronow For Reconsideration of the Order (2/12/98) With Respect Trustee's Omnibus Objection to Claims [802-1] , and Request for Simultaneous Hearing on November 30, 1998. c/s (mcm) (Entered: 11/20/1998)
11/20/1998 863 Objection By Victor Aronow To [858-1] Amended [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray . c/s (mcm) (Entered: 11/20/1998)
11/20/1998 Endorsement Order Regarding [862-2] Motion Request for Simultaneous Hearing on November 30, 1998. by Victor Aronow, RE: [862-1] Motion To Reconsider Order Dated February 12, 1998 [802-1] by Victor Aronow. THE COURT WILL HEAR THIS MOTION ON 11/30/98 AT 9:30 A.M. Entered on 11/20/98 (mcm) (Entered: 11/20/1998)
11/20/1998 Hearing Re: [862-1] Motion For Reconsideration of the Order With Respect Trustee's Ombus Objection to Claims by Victor Aronow Scheduled For 9:30 11/30/98 at Courtroom 4, Boston (mcm) (Entered: 11/20/1998)
11/20/1998 864 Thelma Barros; Resident of the Mandela Apartments Opposition To [858-1] Amended [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray . c/s (mcm) (Entered: 11/20/1998)
11/20/1998 864 Thelma Barros; Resident of the Mandela Apartments Requests a Full Investigation by the Court and the U.S. Trustee, of the Security of the Mandela Residents Under the Agreement Made Between Beacon Residential Property's and The Mandela Residents Cooperative Association. (mcm) (Entered: 11/20/1998)
11/20/1998 866 Memorandum of Points and Authorities by Victor Aronow RE: [862-1] Motion For Reconsideration of the Order (2/12/98) With Respect Trustee's Omnibus Objection to Claims [802-1] by Victor Aronow . (mcm) (Entered: 11/23/1998)
11/23/1998 865 Certificate Of Service By Alphonse Mourad Of [0-0] Hearing, RE: [861-1] Motion To Retroactively Remove Trustee Gray, Revoke Beacon Residential Property's Reorganization Plan, To Request Hanify & King and Trustee Gray's Fees Returned, and to Retroactively Return The Mandela Apartments to the Debtor, V & M Management, Inc., and it's Sole Stockholder, Alphonse Mourad by Alphonse Mourad . (mcm) (Entered: 11/23/1998)
11/24/1998 867 Notice of Hearing Paul D. Moore for Trustee Stephen S. Gray [858-1] Amended by Paul D. Moore, [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. c/s Gray (mcm) (Entered: 11/24/1998)
11/25/1998 868 Documents filed by Mandela Tenants Watchdog Task Force Group (Lee Buckley) Re: New Election of Residents Board of Directors. (mcm) (Entered: 11/25/1998)
11/25/1998 869 Kenner, J. Memorandum Of Decision Re: [864-1] Request for Investigation by Thelma Barros, [864-1] Opposition to Trustee's Motion for Entry of Final Decree by Thelma Barros. THE COURT MUST DENY THE REQUEST THAT IT CONDUCT AN INVESTIGATION BECAUSE THIS BEING A COURT OF LAW, HAS NO INVESTIGATIVE AUTHORITY. THE COURT ALSO LACKS AUTHORITY TO ORDER THE UNITED STATES TRUSTEE TO CONDUCT AN INVESTIGATION. MOREOVER, THE MANDELA APARTMENTS NO LONGER BELONG TO THIS ESTATE, SUCH THAT THE COURT NOW LACKS SUBJECT MATTER JURISDICTION OVER THEM. THEREFORE, THE CONCERNS THAT MS. BARROS MAY HAVE CONERNING THEIR OWNERSHIP ARE NOT CAUSE TO DELAY ENTRY OF THE FINAL DECREE IN THIS CASE. IN ADDITION, AS A NONCREDITOR, HER STANDING TO BRING THIS MOTION/OPPOSITION IS AT BEST QUESTIONABLE. FOR THESE REASONS, A SEPARATE ORDER WILL ENTER OVERRULING HER OPPOSITION TO THE MOTION FOR FINAL DECREE AND DENY HER REQUEST FOR INVESTIGATION. Entered on 11/25/98. ***See Memorandum of Decision Doc. #869 For Compete Text*** (mcm) (Entered: 11/25/1998)
11/25/1998 870 Kenner, J. Order On [864-1] Opposition of Thelma Barros to Trustee;s Motion for Entry of Final Decree and on [864-1] Request of Thelma Barros For Investigation. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE OPPOSITION OF THELMA BARROS TO THE TRUSTEE'S MOTION FOR ENTRY OF FINAL DECREE IS HEREBY OVERRULED, AND THE REQUEST OF THELMA BARROS FOR INVESTIGATION IS HEREBY DENIED. Entered on 11/25/98 (mcm) (Entered: 11/25/1998)
11/27/1998 871 Opposition Of Beacon Residential Properties Limited Partnership To [861-1] Mourad's Motion To Revoke Beacon Residential Property's (sic) Reorganization Plan And To Retroactively Return The Mandela Apartments to the Debtor, V & M Management, Inc., and it's (sic) Sole Stockholder, Alphonse Mourad. c/s (plc) (Entered: 11/27/1998)
11/27/1998 872 Notice Of Appeal By Alphonse Mourad Appellant Designation Due: 4:00 12/7/98; Compiled Records Due by 4:00 12/22/98 Transmission Due: 12/28/98 RE: [855-1] Order dated 11/16/98, and [853-1] Order dated 11/16/98. c/s (mcm) (Entered: 11/30/1998)
11/30/1998 873 Notice of Filing of Appeal to Bankruptcy Appellate Panel Re: [872-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 11/30/1998)
11/30/1998 874 Transmission of Copy of Appeal and docket to Bankruptcy Appellate Panel Re: [872-1] Notice Appeal filed by Alphonse Mourad (mcm) (Entered: 11/30/1998)
11/30/1998 Hearing Held Re: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. *See Order [875-1] of 11/30/98. (ndl) (Entered: 12/01/1998)
11/30/1998 875 Kenner, J. Order Under Advisement [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. EVIDENTIARY HEARING HELD. THE COURT TOOK THE JOINT EMERGENCY MOTION UNDER ADVISEMENT. Entered on 11/30/98 (ndl) (Entered: 12/01/1998)
11/30/1998 Hearing Held Re: [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray, [858-1] Amended Document by Paul D. Moore. *See Order [876-1] for text. (ndl) (Entered: 12/01/1998)
11/30/1998 876 Kenner, J. Order Under Advisement [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray, Under [859-1] Amended Document by Stephen S. Gray. HEARING HELD. THE COURT TOOK THE MOTION FOR ENTRY OF FINAL DECREE UNDER ADVISEMENT. Entered on 11/30/98 (ndl) (Entered: 12/01/1998)
11/30/1998 Kenner, J. Endorsement Order Regarding [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray SUPERCEDED BY AMENDED MOTION. Entered on 11/30/98 (ndl) (Entered: 12/03/1998)
12/03/1998 877 Transcript of Hearing Held on 11/30/98 RE: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, [724-2] Motion Joint Emergency Motion Re: [724-1] Motion by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow, [844-1] Motion For Final Decree Closing Bankruptcy Case by Stephen S. Gray, [858-1] Amended Document by Paul D. Moore. Reporter: Mary L. Artesani (plc) (Entered: 12/03/1998)
12/03/1998 878 Kenner, J. Memorandum Of Decision On The Motion of Victor Aronow for Reconsideration of the Order Disallowing His Claims Re: [862-1] Motion For Reconsideration of the Order (2/12/98) With Respect Trustee's Omnibus Objection to Claims [802-1] by Victor Aronow. A SEPARATE ORDER WILL ENTER DENYING THE MOTION. Entered on 12/3/98. (mcm) (Entered: 12/04/1998)
12/03/1998 879 Kenner, J. Order Denying [862-1] Motion For Reconsideration of the Order (2/12/98) With Respect Trustee's Omnibus Objection to Claims [802-1] by Victor Aronow. FOR THE REASONS SENT FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF VICTOR ARONOW FOR RECONSIDERATION OF THE ORDER DISALLOWING HIS CLAIMS IS HEREBY DENIED. Entered on 12/3/98 (mcm) (Entered: 12/04/1998)
12/04/1998 880 Kenner, J. Memorandum Of Decision ON [861-1] Motion To Retroactively Remove Trustee Gray, Revoke Beacon Property's Reorganization Plan, To Request Hanify & King and Trustee Gray's Fees Returned, and to Retroactively Return The Mandela Apartments to the Debtor, V & M Management, Inc., and it's Sole Stockholder, Alphonse Mourad by Alphonse Mourad. A SEPARATE ORDER WILL ENTER DENYING THE MOTION. Entered on 12/4/98 (mcm) (Entered: 12/04/1998)
12/04/1998 881 Kenner, J. Order Denying [861-1] Motion To Retroactively Remove Trustee Gray, Revoke Beacon Residential Property's Reorganization Plan, To Request Hanify & King and Trustee Gray's Fees Returned, and to Retroactively Return The Mandela Apartments to the Debtor, V & M Management, Inc., and it's Sole Stockholder, Alphonse Mourad by Alphonse Mourad. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE ABOVE-ENTITLED MOTION OF ALPHONSE MOURAD IS HEREBY DENIED. Entered on 12/4/98 (mcm) (Entered: 12/04/1998)
12/07/1998 882 Alphonse Mourad's Notice of His Petition for Impeachment of Chief Judge Carol J. Kenner to the House Judiciary Committee in Washington, D.C. c/s (mcm) (Entered: 12/07/1998)
12/07/1998 883 Appellant Designation By Alphonse Mourad Of Contents For Inclusion In Record On Appeal [872-1] Notice Appeal by Alphonse Mourad ; Appellee's Designation Due: 12/17/98 c/s (mcm) (Entered: 12/07/1998)
12/09/1998 885 Notice for Change of Address Victor Aronow New Address: 2505 South Terrace, Tempe, Az. 85282 (mcm) (Entered: 12/10/1998)
12/23/1998 886 Kenner, J. Memorandum of Decision On Creditors' Joint Motion For Retroactive Removal Of Trustee And Vacatur of Fee Orders. Re: [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. ...A SEPARATE ORDER WILL ENTER DENYING THE MOTION. Entered on 12/23/98 *See Memorandum of Decision for complete text. (ndl) (Entered: 12/23/1998)
12/23/1998 887 Kenner, J. Order On Creditors' Joint Motion For Retroactive Removal Of Trustee And Vacatur of Fee Orders. Denying [724-1] Motion For An Emergency Stay, and for Relief From, and To Revoke the September 26, 1997 Order Confirming the Reorganization Plan to Retroactively Remove Trustee Gray, and to vacate the September 19, 1997 Orders Allowing Fees to Gray and To Hanify and King, and Order those fees returned, for the Serious Breach, and Undisclosed Conflict of Interest in having Attorney Harold Murphy and Hanify & King Simultaneously Represent Stephen Gray in a Rhode Island Bankruptcy while Murphy was Still Counsel to the Debtor, V & M Management, in this Proceeding RE: [696-1] Chapter 11 Plan Order, [669-1] Order Re: Fees of Stephen P. Gray, [667-1] Order RE: Fees Hanify & King, [0-0] Endorsement Order Allowing Stephen Gray as Trustee by Habib Mourad, Edward Mourad, Alphonse and Noha Simon, Georgette Maalouf, Arthur H. Goldsmith, Gary Leroy, Matthew J. Mallen, Chardon Financial Services, Victor Aronow. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE CREDITORS' JOINT MOTION FOR RETROACTIVE REMOVAL OF TRUSTEE AND VACATUR OF FEE ORDERS, FILED OCTOBER 31, 1997, IS HEREBY DENIED. Entered on 12/23/98 (ndl) (Entered: 12/23/1998)
12/23/1998 888 Kenner, J. Memorandum Of Decision On Amended Motion For Final Decree. Re: [858-1] Amended Motion For Entry Of Final Decree Closing Bankruptcy Case by Paul D. Moore. ...A SEPARATE ORDER WILL ENTER ACCORDINGLY. Entered on 12/23/98 *See Memorandum Of Decision for complete text. (ndl) (Entered: 12/23/1998)
12/23/1998 889 Kenner, J. Order On Amended Motion For Final Decree. Allowing [858-1] Amended Motion For Entry Of Final Decree Closing Bankrutpcy Case by Paul D. Moore. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISON ISSUED TODAY, THE AMENDED MOTION FOR ENTRY OF FINAL DECREE CLOSING BANKRUPTCY CASE IS HEREBY ALLOWED AS FOLLOWS: THIS CASE IS HEREBY CLOSED EXCEPT ONLY AS TO (1) MATTERS PRESENTLY UNDER APPEAL AND (2) THE RECENTLY-DECIDED MOTION (THE CREDITORS' JOINT MOTION FOR RETROACTIVE REMOVAL OF TRUSTEE AND VACATUR OF FEE ORDERS) AS TO WHICH THE APPEAL PERIOD HAS NOT LAPSED. THE FINAL DECREE WILL ENTER ONLY UPON RESOLUTION OF THE MATTERS THAT, UNDER THIS ORDER, ARE EXCEPTED FROM CLOSURE. UNLESS AN APPEAL IS TAKEN, THE RECENTLY-DECIDED MOTION WILL BE DEEMED RESOLVED UPON TERMINATION OF THE APPEAL PERIOD. Entered on 12/23/98 (ndl) (Entered: 12/23/1998)
12/31/1998 890 Notice Of Appeal By Alphonse Mourad Appellant Designation Due: 4:00 1/11/99 ; Compiled Records Due by 4:00 1/25/99 Transmission Due: 2/1/99 RE: [889-1] Order dated 12/23/98, [887-1] Order dated 12/23/98. c/s (mcm) (Entered: 01/04/1999)
01/04/1999 891 Notice of Filing of Appeal to Bankruptcy Appellate Panel Re: [890-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 01/04/1999)
01/04/1999 892 Transmission of Copy of Record on Appeal and Docket to Bankruptcy Appellate Panel Re: [890-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 01/04/1999)
01/11/1999 893 Notice Fee bill issued in the amount of 96.00 :Notice Fee Due on 4:00 1/26/99. Re: Copies of Items designated on Record of Appeal. (mcm) (Entered: 01/11/1999)
01/11/1999 894 Transmission of Record on Appeal to Bankruptcy Appellate Panel Re: [872-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 01/11/1999)
01/11/1999 895 Notice of Docketing Record on Appeal RE: [890-1] Notice Appeal by Alphonse Mourad ( MB 98-104) (mcm) (Entered: 01/12/1999)
01/11/1999 896 Notice of Appearance And Request For Service Of Notice By Elliott Fine for Alphonse Mourad. (With Regard to Appeal filed 12/31/98) (mcm) (Entered: 01/12/1999)
01/11/1999 897 Appellant Designation By Alphonse Mourad Of Contents For Inclusion In Record On Appeal [890-1] Notice Appeal by Alphonse Mourad ; Appellee's Designation Due: 1/21/99 c/s (mcm) (Entered: 01/12/1999)
01/20/1999 898 Lamoutte, Bankruptcy Judge Order Denying Motion to Dismiss Re: [872-1] Notice Appeal by Alphonse Mourad Entered on 1/20/99 (mcm) (Entered: 01/20/1999)
01/26/1999 899 Notice Fee bill paid ( Amount: $ 96.00 Receipt # 00429343) RE: [893-1] Notice for copying designations for record on appeal. (mcm) (Entered: 01/28/1999)
02/01/1999 900 Notice Fee bill issued in the amount of 142.00: Notice Fee Due on 4:00 2/16/99. Re: Copying Designation of items to be included in the Appeal. (mcm) (Entered: 02/01/1999)
02/01/1999 901 Transmission of Record on Appeal to Bankruptcy Appellate Panel Re: [890-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 02/01/1999)
03/05/1999 Recieved 3/5/99 From Appellant Alphone Mourad Notice of Appearance. Forwarded to Bap for Docketing. (mnd) (Entered: 03/10/1999)
03/16/1999 902 Order Dismissing Appeal By Bankruptcy Appellate Panel RE: [889-1] Order, Dated 12/23/98 [887-1] Order Dated 12/23/98 IN LIGHT OF THE DISCUSSION ABOVE, WE FIND THAT MR. MOURAD DOES NOT HAVE STANDING TO PURSUE THIS APPEAL AND THE APPEAL IS THEREFORE DISMISSED. **SEE ORDER DISMISSING APPEAL DOC. #902 FOR COMPLETE TEXT** (mcm) (Entered: 03/16/1999)
03/16/1999 903 JUDGMENT Regarding [890-1] Notice Appeal by Alphonse Mourad . THIS CAUSE CAME TO BE HEARD FROM THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS (BOSTON). UPON CONSIDERATION WHEREOF, AND IN ACCORDANCE WITH THE ORDER DISMISSING APPEAL ISSUED MARCH 12, 1999, IT IS NOW HERE ORDERED AND ADJUDGED THAT THE ABOVE-ENTITLED APPEAL IS HEREBY DISMISSED. (mcm) (Entered: 03/16/1999)
05/05/1999 904 Final Order By Bankruptcy Appellate Panel Dismissing Appeal [889-1] Order dated 12/23/98, [887-1] Order dated 12/23/98. (mcm) (Entered: 05/05/1999)
05/05/1999 905 MANDATE Regarding [890-1] Notice Appeal by Alphonse Mourad . THIS CAUSE CAME TO BE HEARD FROM THE UNITED STATE BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS (BOSTON). UPON CONSIDERATION WHEREOF, AND IN ACCORDANCE WITH THE ORDER DISMISSING APPEAL ISSUED MARCH 12, 1999, IT IS NOW ORDERED AND ADJUDGED THAT THE ABOVE-ENTITLED APPEAL IS HEREBY DISMISSED. (mcm) (Entered: 05/05/1999)
05/05/1999 Notice For Removal.(99-1205) Alphonse Mourad vs. Harold H. Murphy, Donald F. Farrell, Jr., Hanify & King, P.C. and Stephen S. Gray . Suffolk County Superior Court, C.A. No. 99-1470-C. ( Filing Fee $150.00 Receipt # 434963) (mjv) (Entered: 05/05/1999)
08/02/1999 906 Notice of Change of Law Firm for Paul D. Moore New Firm: Duane, Morris & Heckscher, LLP, One International Place, 14th Floor, Boston, MA02110-2600 (mcm) (Entered: 08/02/1999)
08/02/1999 907 Motion By Lee Buckley Lee Buckley; Resident of The Mandela Apartments Requests A Full Investigation By The Court And The U.S. Trustee Of The Security Of The Mandela Residents Under The Agreement Made Between Beacon Residential Properties And The Mandela Resident Cooperative Association Exhibit #1 (c/s attached does not apply to motion) (mcm) (Entered: 08/02/1999)
09/16/1999 908 Notice of Withdrawal of Andrew C. Griesinger, W. Daniel Troyka and the law firm of Choate, Hall & Stewart filed by W. Daniel Troyka. c/s (mcm) (Entered: 09/16/1999)
09/28/1999 909 Notice of Appearance And Request For Service Of Notice By Paul D. Moore for Trustee Stephen S. Gray . (mcm) (Entered: 09/29/1999)
11/10/1999 ENDORSEMENT ORDER: Denying [907-1] Motion Lee Buckley; Resident of The Mandela Apartments Requests A Full Investigation By The Court And The U.S. Trustee Of The Security Of The Mandela Residents Under The Agreement Made Between Beacon Residential Properties And The Mandela Resident Cooperative Association by Lee Buckley . DENIED. THE CASE HAS BEEN CLOSED, AND PROPERTY IS NO LONGER IN THE COURTS JURISDICTION. (mnd) (Entered: 11/10/1999)
04/13/2000 910 deJesus, Vaughn, Carlo, U.S. Bankruptcy Judges Memorandum of Decision Re: [872-1] Notice Appeal by Alphonse Mourad, RE: [853-1] Order dated 11/16/98. (mcm) (Entered: 04/13/2000)
04/13/2000 911 Judgement By Bankruptcy Appellate Panel RE: [853-1] Order dated 11/16/98. ON CONSIDERATION WHEREOF, AND IN ACCORDANCE WITH THE OPINION ISSUED APRIL 12, 2000, IT IS ORDERED AND ADJUDGED THAT THE JUDGMENT OF THE BANKRUPTCY COURT DENYING MOTION TO ALLOW ADMINISTRATIVE CLAIM LATE IS REMANDED FOR FURTHER PROCEEDING CONSISTENT WITH THE OPINION ISSUED THIS DAY. IN ADDITION, THE JUDGMENT OF THE BANKRUPTCY COURT DENYING THE MOTION TO COMPEL THE TRUSTEE IS AFFIRMED. **SEE JUDGMENT DOC. #911 FOR COMPLETE TEXT. (mcm) (Entered: 04/13/2000)
05/16/2000 912 MANDATE U.S. BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT Regarding [872-1] Notice Appeal by Alphonse Mourad . IT IS ORDERED AND ADJUDGED THAT THE JUDGMENT OF THE BANKRUPTCY COURT DENYING MOTION TO ALLOW ADMINISTRATIVE CLAIM LATE IS REMANDED FOR FURTHER PROCEEDING CONSISTENT WITH THE OPINION ISSUED THIS DAY. IN ADDITION, THE JUDGMENT OF THE BANKRUPTCY COURT DENYING THE MOTION TO COMPEL THE TRUSTEE IS AFFIRMED. ***SEE MANDATE DOC. #912 FOR COMPLETE TEXT*** (mcm) (Entered: 05/16/2000)
05/30/2000 913 Motion by Lee Buckley For Miscellaneous Relief (c/s does not apply to motion) Attachments (mcm) (Entered: 05/30/2000)
05/31/2000 914 Kenner J. ORDER: Regarding Attendance of Alphonse Mourad at Bankruptcy Appellate Panel Hearing on June 15, 2000. (RE: [856-1] Exclusion Order dated 11/16/98.) IT IS HEREBY ORDERED THAT, NOTWITHSTANDING THE EXCLUSION ORDER, MR MOURAD SHALL BE PERMITTED TO APPEAR ON THE ELEVENTH FLOOR ON JUNE 15, 2000, FROM 9.20 A.M. UNTIL CONCLUSION OF THE ORAL ARGUMENT, FOR THE SOLE PURPOSE OF ATTENDING THE ORAL ARGUMENT. WITH RESPECT TO ALL OTHER TIMES AND PURPOSES, THE EXCLUSION ORDER SHALL CONTINUE IN FULL EFFECT. SEE ORDER FOR COMPLETE TEXT. (mnd) (Entered: 05/31/2000)
06/14/2000 915 KENNER J. Procedural Order On Remanded [839-1] Motion To Allow Administrative Claim of Alphonse Mourad Late. THE COURT HEREBY ORDERS STEPHEN GRAY, AS CREDITORS' TRUSTEE TO FILE A STATEMENT, ON OR BEFORE JULY 19, 2000, INDICATING THE FOLLOWING: 1. THE AMOUNT OF FUNDS THAT THE CREDITOR'S TRUST NOW HOLDS OR ANTICIPATES RECEIVING, FROM WHATEVER SOURCES; AND 2. THE REQUIREMENTS OF THE CONFIRMED JOINT PLAN OF REORGANIZATION WITH RESPECT TO THE DISPOSITION OF THOSE FUNDS. THEREAFTER, EITHER PARTY MAY MOVE FOR SUMMARY JUDGEMENT, AS APPROPRIATE, WITH RESPECT TO THE TIMELINESS OF THE CLAIM. RULE 7056 F.R.BANKR.P. SHALL APPLY TO THIS CONTESTED MATTER. **See Procedural Order for Complete Text. (mnd) (Entered: 06/14/2000)
06/30/2000 916 Motion by Interested Party Alphonse Mourad For Recusal . Exhibits attached. (ndl) (Entered: 07/03/2000)
06/30/2000 917 Objection By Interested Party Alphonse Mourad To Designation Of This Bankruptcy Proceeding As Chapter 7 . . (ndl) (Entered: 07/03/2000)
07/10/2000 918 ENDORSEMENT ORDER: Denying [913-1] Motion by Lee Buckley . DENIED. THIS CASE HAS BEEN CLOSED, AND THE PROPERTY IS NO LONGER IN THE JURISDICTION OF THE BANKRUPTCY COURT. THIS IS THE MOVANT'S SECOND MOTION OF THIS ISSUE. (mcm) (Entered: 07/10/2000)
07/10/2000 919 ENDORSEMENT ORDER: Mooting [917-1] Objection by Alphonse Mourad To Designation Of This Bankruptcy Proceeding As Chapter 7 by Alphonse Mourad . MOOT. THIS CASE REMAINS IN CHAPTER 11. (mcm) (Entered: 07/10/2000)
07/18/2000 920 Creditors' Trustee's Statement Concerning Remanded Motion of Alphonse Mourad to Allow Administrative Claim late filed By Trustee Stephen S. Gray Re: [915-1] Procedural Order . (mcm) (Entered: 07/19/2000)
07/21/2000 921 Objection By Trustee Stephen S. Gray To [916-1] Motion For Recusal by Alphonse Mourad . c/s (mcm) (Entered: 07/24/2000)
07/21/2000 922 Emergency Petition to Stop All Evictions of Mandela Residents and Conduct a Criminal Investigation of Beacon Residential Properties for Tax Credit Fraud and Violation of the Confirmation Plan c/s (mcm) (Entered: 07/24/2000)
07/21/2000 923 ENDORSEMENT ORDER: Regarding [922-1] Emergency Petition to Stop All Evictions of Mandela Residents and Conduct a Criminal Investigation of Beacon Residential Properties for Tax Credit Fraud and Violation of the Confirmation Plan by Grace Romero . REQUEST FOR EMERGENCY TREATMENT IS DENIED. NO CAUSE SHOWN. (mcm) (Entered: 07/24/2000)
07/28/2000 924 Petition To Request A Denial Decision In Writing by Judge Carol J. Kenner on 7/21/00 To Preserve My Rights To Appeal This Motion filed by Grace Romero. Re: [922-1] Motion Petition to Stop All Evictions of Mandela Residents and Conduct a Criminal Investigation of Beacon Residential Properties for Tax Credit Fraud and Violation of the Confirmation Plan by Grace Romero. (ndl) (Entered: 07/28/2000)
07/28/2000 925 Notice Of Appeal By Grace Romero Appellant Designation Due: 4:00 8/7/00; Compiled Records Due by 4:00 8/22/00; Transmission Due: 8/28/00 RE: [923-1] Endorsement Order Regarding [922-1] Emergency Petition to Stop All Evictions of Mandela Residents and Conduct a Criminal Investigation of Beacon Residential Properties for Tax Credit Fraud and Violation of the Confirmation Plan by Grace Romero (mcm) (Entered: 07/31/2000)
07/31/2000 926 Notice of Filing of Appeal to Bankruptcy Appellate Panel Re: [925-1] Notice Appeal by Grace Romero (mcm) (Entered: 07/31/2000)
07/31/2000 927 Transmission of Copy of Record on Appeal and Docket to Bankruptcy Appellate Panel Re: [925-1] Notice Appeal by Grace Romero (mcm) (Entered: 07/31/2000)
08/02/2000 928 Kenner, J. ORDER of Clarification : Regarding [924-1] Petition to Request A Denial Decision in Writing By Judge Carol J. Kenner on 7/21/00. To Preserve My Rights to Appeal This Motion by Grace Romero . ...THE COURT'S ORDER OF 7/21/00 STATED "REQUEST FOR EMERGENCY TREATMENT IS DENIED. NO CAUSE SHOWN." BY THIS ORDER THE COURT DENIED ONLY THE PART OF THE MOTION THAT ASKED THE COURT TO RULE ON IT ON AN EMERGENCY BASIS. THE COURT HAS NOT YET ADDRESSED THE MERITS OF THE MOTION. THE COURT DENIED THE REQUEST FOR EMERGENCY TREATMENT BECAUSE, AS THE ORDER INDICATED, THE MOTION DID NOT EXPLAIN OR ATTEMPT TO EXPLAIN WHY IT REQUESTED EMERGENCY TREATMENT, SUCH THAT IT COULD NOT BE DEALT WITH IN THE ORDINARY COURSE, WITH A FULL OPPORTUNITY FOR INTERESTED PARTIES TO RESPOND. **SEE ORDER OF CLARIFICATION DOC. #928 FOR COMPLETE TEXT** (mcm) (Entered: 08/03/2000)
08/03/2000 929 Motion by Grace Romero Emergency Petition to Stop the Eviction of Grace Romero on Monday August 7, 2000 Pending the Outcome of Notice of Appeal Filed on July 28, 2000 Tax Credit Fraud, Violation of the Confirmation Plan and Misusage of Funds Alloted by HUD to Pay Utilities for Tener Services Exhibits Attached. (mcm) (Entered: 08/03/2000)
08/04/2000 930 KENNER J. Memorandum On [929-1] Emergency Petition Of Grace Romero to Stop Eviction Pending Outcome of Notice of Appeal. A SEPARATE ORDER WILL ENTER DENYING THE MOTION. SEE MEMORANDUM FOR COMPLETE TEXT. (mnd) (Entered: 08/04/2000)
08/04/2000 931 KENNER J. ORDER: On [929-1] Emergency Petition Of Grace Romero to Stop Eviction Pending Outcome of Notice of Appeal. FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE EMERGENCY PETITION TO STOP THE EVICTION OF GRACE ROMERO ON MONDAY AUGUST 7, 2000 PENDING OUTCOME OF NOTICE OF APPEAL FILED ON JULY 28, 2000 IS HEREBY DENIED. (mnd) (Entered: 08/04/2000)
08/10/2000 932 Certificate of Default Re: [925-1] Notice of Appeal. (Designation and Statement of Issues not filed.) (mcm) (Entered: 08/10/2000)
08/10/2000 933 Transmission of Certificate of Default To Bankruptcy Appellate Panel Re: [925-1] Notice of Appeal by Grace Romero (Designation and Statement of Issues Not Filed) (mcm) (Entered: 08/10/2000)
08/11/2000 934 Receipt of Notice of Appeal by Bankruptcy Appellate Panel re: [925-1] Notice Appeal by Grace Romero. [BAP Docket #00-083]. (cjh) (Entered: 08/11/2000)
08/30/2000 935 Appellant Designation By Grace Romero Of Contents For Inclusion In Record On Appeal [925-1] Notice Appeal by Grace Romero (mcm) (Entered: 08/31/2000)
09/05/2000 936 Transmission of Desination of Records to Bankruptcy Appellate Panel Re: [925-1] Notice Appeal by Grace Romero (mcm) (Entered: 09/05/2000)
09/11/2000 937 Kenner, J. Memorandum of Decision Re: [922-1] Emergency Petition to Stop All Evictions of Mandela Residents and Conduct a Criminal Investigation of Beacon Residential Properties for Tax Credit Fraud and Violation of the Confirmation Plan by Grace Romero ...A SEPARATE ORDER WILL ENTER DENYING THE MOTION. ***SEE MEMORANDUM OF DECISION DOC. #937 FOR COMPLETE TEXT*** (mcm) (Entered: 09/11/2000)
09/11/2000 938 Kenner, J. ORDER: Denying [922-1] Motion Petition to Stop All Evictions of Mandela Residents and Conduct a Criminal Investigation of Beacon Residential Properties for Tax Credit Fraud and Violation of the Confirmation Plan by Grace Romero . FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, GRACE ROMERO'S PETITION TO STOP ALL EVICTIONS OF MANDELA RESIDENTS AND CONDUCT A CRIMINAL INVESTIGATION OF BEACON RESIDENTIAL PROPERTIES FOR TAX CREDIT FRAUD AND VIOLATION OF THE CONFIRMATION OF PLAN IS HEREBY DENIED. (mcm) (Entered: 09/11/2000)
09/19/2000 939 Haines, Vaughn, & Deasy, U.S. Bankruptcy Appellate Panel Judges ORDER OF DISMISSAL: Regarding [925-1] Notice Appeal by Grace Romero . THE PANEL HAS DETERMINED THAT ROMERO'S NOTICE OF APPEAL IS PREMATURE, HOWEVER WE WILL TREAT THE NOTICE OF APPEAL AS A MOTION FOR LEAVE TO APPEAL PURSUANT TO FED. R. BANKR. P. 8003(c) ABOVE. THE MOTION FOR LEAVE TO APPEAL IS DENIED FOR FAILURE TO MEET EITHER OF THE PRECEPTS FOR INTERLOCUTORY REVIEW AS SET FORTH IN BANK OF NEW ENGLAND, AND THIS APPEAL SHALL AND HEREBY IS DISMISSED ***SEE ORDER OF DISMISSAL DOC. #939 FOR COMPLETE TEXT*** (mcm) (Entered: 09/19/2000)
09/19/2000 940 JUDGMENT Dismissing [925-1] (Notice of Appeal by Grace Romero) . THIS CAUSE CAME TO BE HEARD FROM THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS (BOSTON). UPON CONSIDERATION WHEREOF, AND IN ACCORDANCE WITH THE ORDER OF DISMISSAL, ISSUED ON SEPTEMBER 18, 2000, IT IS NOW HERE ORDERED AND ADJUDGED THAT THE ABOVE-ENTITLED APPEAL IS HEREBY DISMISSED. (mcm) (Entered: 09/19/2000)
09/26/2000 941
Kenner,J. Memorandum Of Decision On Motion Of Alphonse Mourad For Recusal. Re: [916-1] Motion For Recusal by Alphonse Mourad. ...A SEPARATE ORDER WILL ENTER DENYING THE MOTION FOR RECUSAL. *See Memorandum for complete text. (ndl) (Entered: 09/26/2000)
09/26/2000 942
KENNER, J. ORDER ON MOTION OF ALPHONSE MOURAD FOR RECUSAL Denying [916-1] Motion For Recusal by Alphonse Mourad . FOR THE REASONS SET FORTH IN THE SEPARATE MEMORANDUM OF DECISION ISSUED TODAY, THE MOTION OF ALPHONSE MOURADFOR RECUSAL, FILED IN THIS CASE ON JUNE 30, 2000, IS HEREBY DENIED. (ndl) (Entered: 09/26/2000)
10/04/2000 943
Motion by Alphonse Mourad As A Pro Se Indigent To have the Clerk's Waive the $105.00 Filing Fee For His Notice Of Appeal (mcm) (Entered: 10/04/2000)
10/04/2000 944
Notice Of Appeal By Alphonse Mourad Appellant Designation Due: 4:00 10/16/00 ; Compiled Records Due by 4:00 10/30/00 Transmission Due: 11/3/00 RE: [942-1] Order Denying [916-1] Motion For Recusal by Alphonse Mourad c/s (mcm) (Entered: 10/05/2000)
10/05/2000 945 Notice of Filing of Appeal to Bankruptcy Appellate Panel Re: [944-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 10/05/2000)
10/05/2000 946 Transmission Copy of Notice of Appeal and Docket to Bankruptcy Appellate C Panel Re: [944-1] Notice Appeal by Alphonse Mourad (mcm) (Entered: 10/05/2000)
10/12/2000 947 Receipt of Notice of Appeal by Bankruptcy Appellate Panel re: [944-1] Notice Appeal by Alphonse Mourad BAP Dkt #: MB 00-101 (mcm) (Entered: 10/13/2000)
10/16/2000 948 Appellant Designation By Alphonse Mourad Of Contents For Inclusion In Record On Appeal [944-1] Notice Appeal by Alphonse Mourad ; Appellee's Designation Due: 10/26/00 (mcm) (Entered: 10/17/2000)
10/23/2000 949 MANDATE Regarding [925-1] (Notice Appeal by Grace Romero) . THIS CAUSE CAME TO BE HEARD FROM THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSSACHUSETTS (BOSTON). UPON CONSIDERATION WHEREOF, AND IN ACCORDANCE WITH THE ORDER OF DISMISSAL, ISSUED ON SEPTEMBER 18, 2000, IT IS NOW HERE ORDERED AND ADJUDGED THAT THE ABOVE-ENTITLED APPEAL IS HEREBY DISMISSED. (mcm) (Entered: 10/23/2000)
10/30/2000 950
Order of Dismissal By Bankruptcy Appellate Panel [942-1] Order Denying [916-1] Motion For Recusal by Alphonse Mourad THE BANKRUPTCY APPELLATE PANEL LACKS JURISDICTION. MOURAD'S APPEAL IS HEREBY DISMISSED. SEE ORDER OF DISMISSAL DOC. #950 FOR COMPLETE TEXT. (mcm) (Entered: 10/30/2000)
10/30/2000 951
JUDGMENT Dismissing [944-1] (Notice Appeal by Alphonse Mourad) . THIS CAUSE CAME TO BE HEARD FROM THE UNITED STATES BANKRUPTY COURT FOR THE DISTRICT OF MASSACHUSETTS (BOSTON). UPON CONSIDERATION WHEREOF, AND IN ACCORDANCE WITH THE ORDER OF DISMISSAL, ISSUED ON OCTOBER 27, 2000, IT IS NOW HERE ORDERED AND ADJUDGED THAT THE ABOVE-ENTITLED APPEAL IS HEREBY DISMISSED. (mcm) (Entered: 10/30/2000)
11/17/2000 952
Notice of Appearance And Request For Service Of Notice By J. Sheffield Dow for Alphonse Mourad. c/s (mcm) (Entered: 11/20/2000)
11/21/2000 953
Motion By Alphonse Mourad To Terminate The November 16, 1998 of Chief Judge Carol J. Kenner, Barring Mourad from the 11th Floor of the Thomas P. O'Neill Federal Building RE: [856-1] Order Dated 11/16/98 . c/s (mcm) (Entered: 11/21/2000)
11/21/2000 954
Motion By J. Sheffield Dow for Interested Party Alphonse Mourad For Speedy Hearing on The Remand Order of the U.S. Bankruptcy Appellate Panel of The First Circuit Dated April 12, 2000 Re: [911-1] Bankruptcy Appellate Panel Order c/s. Exhibits Attached. (mcm) (Entered: 11/21/2000)
11/30/2000 955
U.S. BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT MANDATE Regarding [944-1] Notice Appeal by Alphonse Mourad . IT IS NOW HERE ORDERED AND ADJUDGED THAT THE ABOVE-ENTITLED APPEAL IS HEREBY DISMISSED. SEE MANDATE DOC. 955 FOR COMPLETE TEXT (mcm) (Entered: 12/05/2000)
12/04/2000 956
ENDORSEMENT ORDER: Denying [953-1] Motion To Terminate The November 16, 1998 of Chief Judge Carol J. Kenner, Barring Mourad from the 11th Floor of the Thomas P. O'Neill Federal Building RE: [856-1] Order Dated 11/16/98 by Alphonse Mourad . DENIED. NO CAUSE STATED. (mcm) (Entered: 12/05/2000)
12/04/2000 957 ENDORSEMENT ORDER: Denying [954-1] Motion For Speedy Hearing on The Remand Order of the U.S. Bankruptcy Appellate Panel of The First Circuit Dated April 12, 2000 by J. Sheffield Dow . DENIED. NO CAUSE STATED. (mcm) (Entered: 12/05/2000)
12/07/2000 958
Alphonse Mourad's Claim of Jury Trial For The Determination Of The Factual Issues Remanded Back to The Bankruptcy Court. c/s (mcm) (Entered: 12/07/2000)
01/05/2001 959
Kenner, J. Procedural Order On Remanded Motion RE: [839-1] Motion To Allow Administrative Claim of Alphonse Mourad Late by Alphonse Mourad. MOVANT ALPHONSE MOURAD HAS NOW CLAIMED A JURY TRIAL FOR DETERMINATION OF THE FACTUAL ISSUES IN THE MATTERS REMANDED TO THIS COURT BY THE BANKRUPTCY APPELLATE PANEL. ACCORDINGLY, AND PURSUANT TO F.R.BANKR.P.9015(b) AND LOCAL RULE MLBR 9015-1(c), THE COURT HEREBY ORDERS THE MOVANT AND THE CREDITORS' TRUSTEE TO FILE STATEMENTS INDICATING WHETHER THEY CONSENT TO HAVE THE REQUESTED JURY TRIAL CONDUCTED BY A BANKRUPTCY JUDGE UNDER 28 U.S.C. SEC. 157(e). THE STATEMENTS SHALL BE FILED ON OR BEFORE FEB. 7, 2001. IF A PARTY FAILS TO FILE A STATEMENT, THAT PARTY SHALL BE DEEMED NOT TO CONSENT. (mcm) (Entered: 01/08/2001)
01/25/2001 960
Response By Alphonse Mourad To [959-1] Order Dated Jan. 5, 2001 Re: [958-1] Jury demand by Alphonse Mourad and Motion of Alphonse Mourad To Transfer This Case to The U.S. District Court For the District of Massachusetts For A Jury Trial To Determine The Factual Issues in the Matter Remanded To This Court by The Bankruptcy Appellate Panel. (mcm) (Entered: 01/25/2001)
01/25/2001 960
The Response of Alphonse Mourand, Movant, To The Order of January 5, 2001 and Motion by Alphonse Mourad To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel (mcm) (Entered: 01/25/2001)
01/25/2001 961
Certificate Of Service By J. Sheffield Dow for Interested Party Alphonse Mourad Of [960-1] Response by Alphonse Mourad, [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Pane. by Alphonse Mourad . (mcm) (Entered: 01/25/2001)
02/06/2001 962
Request For Expedited Transfer To District Court Alphonse Mourad RE: [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Pane. by Alphonse Mourad c/s (mcm) (Entered: 02/06/2001)
02/06/2001 963 ENDORSEMENT ORDER: Regarding [962-1] Request For Expedited Transfer to District Court by Alphonse Mourad . THE MOVANT'S MOTION TO TRANSFER, FILED ON 1/25/01, IS A MOTION FOR WITHDRAWAL OF THE MATTER TO THE DISTRICT COURT AND, THOUGH PROPERLY FILED IN THE BANKRUPTCY COURT, MUST BE ADJUDICATED BY THE DISTRICT COURT. THIS COURT WILL CONTINUE HOLDING THE MOTION TO TRANSFER UNTIL 2/7/01, THEN SEND THE MOTION AND REPONSE, IF ANY, TO THE DISTRICT COURT FOR DETERMINATION. SEE F.R. BANKR.P. 5011 (a) (mcm) (Entered: 02/06/2001)
02/06/2001 964
Creditors' Trustee's Statement Pursuant to To [959-1] January 5, 2001 Procedural Order On Remanded Motion of Alphonse Mourad to Allow Administrative Claim Late filed by Paul Moore. (mcm) (Entered: 02/07/2001)
02/06/2001 965
Objection of Creditor Trustee Stephen S. Gray To [960-1] Alphonse Mourad's Response To Procedural Order Dated January 5, 2001 and [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel (mcm) (Entered: 02/07/2001)
02/06/2001 966
Motion of Creditor Trustee Stephen S. Gray To Strike [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad . (mcm) (Entered: 02/07/2001)
02/06/2001 967
Certificate Of Service By Paul D. Moore for Trustee Stephen S. Gray Of [964-1] Statement Pursuant to Procedural Order Dated 1/5/01 by Stephen S. Gray, [965-1] Objection of Creditor Trustee Stephen S. Gray To [960-1] Alphonse Mourad's Response To Procedural Order Dated January 5, 2001 and [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Stephen S. Gray, [966-1] Motion To Strike [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad by Stephen S. Gray . (mcm) (Entered: 02/07/2001)
02/08/2001 968
KENNER J. Procedural Order On [960-1] Motion Of Alphonse Mourad To Transfer This Case to The United States District Court for A Jury Trial To Determine the Factual Issues in the Matter Remanded to The Bankruptcy Court by The Bankruptcy Appellate Panel. ACCORDING, THIS COURT HEREBY DIRECTS THAT THE CLERK TRANSMIT TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS THE ADMINISTRATIVE CLAIM MOTION FOR ADJUCICATION. THE TRANSMISSION SHALL INCLUDE THE FOLLOWING RELEVANT DOCUMENT RECORD. SEE PROCEDURAL ORDER FOR COMPLETE TEXT. (mnd) (Entered: 02/09/2001)
02/12/2001 969
Imaged Certificate of Mailing. (auto) (Entered: 02/12/2001)
02/12/2001 970
Transmittal of Proceedings to Distict Re: Kenner J. Procedural Order RE: [968-1], Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel [960-1] by Alphonse Mourad. (Included Relevant Documents as listed in Procedural Order dated 2/8/01). (mnd) (Entered: 02/12/2001)
02/20/2001 971
Notice by U.S. District Court of Receiving [970-1] Transmission to District Court RE: [968-1] Procedural Order Assigned to Judge Nancy Gertner Civil Action #01-10278NG (mcm) (Entered: 02/20/2001)
03/21/2001 972
KENNER, J. ENDORSEMENT ORDER: Allowing [943-1] Motion As A Pro Se Indigent To have the Clerk's Waive the $105.00 Filing Fee For His Notice Of Appeal by Alphonse Mourad . NO OBJECTIONS. ALLOWED. (ndl) (Entered: 03/21/2001)
03/28/2001 973
Imaged Certificate of Mailing. (auto) (Entered: 03/28/2001)
05/30/2001 974
Gertner, Nancy, U.S.D.J. ORDER: Denying [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad . SEE ORDER RE: MOTION TO TRANSFER DOC. #974 FOR TEXT (mcm) (Entered: 05/30/2001)
06/07/2001 975
Motion By J. Sheffield Dow for Alphonse Mourad To Withdraw As Counsel . c/s (mcm) (Entered: 06/07/2001)
06/25/2001 976
ENDORSEMENT ORDER: Granting [975-1] Motion To Withdraw As Counsel by J. Sheffield Dow . Involvement of attorney J. Sheffield Dow for Alphonse Mourad Terminated . ALLOWED. (mcm) (Entered: 06/27/2001)
07/01/2001 977
Imaged Certificate of Mailing. (auto) (Entered: 07/01/2001)
07/16/2001 978
Motion By Alphonse Mourad Mourad For Expedited Case Management Conference Re: ( [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad ) . (mcm) (Entered: 07/16/2001)
07/17/2001 979
Kenner, J. Memorandum Of Decision and Order Re: [966-1] Motion To Strike [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad by Stephen S. Gray SEE MEMORANDUM OF DECISION DOC. # 979 FOR TEXT (mcm) (Entered: 07/17/2001)
07/17/2001 979
Kenner, J. ORDER: Regarding [966-1] Motion To Strike [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad by Stephen S. Gray . THE MOTION OF THE CREDITORS' TRUSTEE TO STRIKE CLAIM OF JURY TRIAL IS HEREBY ALLOWED: MR. MOURAD'S JURY TRIAL DEMAND IS HEREBY STRICKEN AND DISALLOWED. SEE DOC. #979 FOR COMPLETE TEXT (mcm) (Entered: 07/17/2001)
07/17/2001 980
ENDORSEMENT ORDER: Denying [978-1] Motion For Expedited Case Management Conference Re: ( [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad ) by Alphonse Mourad . EXPEDITED TREATMENT IS HEREBY DENIED. THE COURT WILL HOLD THIS MOTION FOR RESPONSE AND ADDRESS IT IN THE NORMAL COURSE. (mcm) (Entered: 07/17/2001)
09/04/2001 981
Kenner, J. ORDER: Denying [978-1] Motion For Expedited Case Management Conference Re: ( [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad ) by Alphonse Mourad . THE MOTION OF ALPHONSE MOURAD FOR EXPEDITED CASE MANAGEMENT CONFERENCE IS HEREBY DENIED AS UNNECESSARY. THE PARTIES MAY DISCUSS SETTLEMENT ON THEIR OWN, IF AND AS THEY SEE FIT; THE COURT PLAYS NO ROLE IN THOSE DISCUSSIONS. AND THE MATTERS REMAINING FOR ADJUDICATION WERE ADEQUATELY DETAILED BY THE BANKRUPTCY APPELLATE PANEL. EITHER PARTY MAY REQUEST A TRIAL DATE. (mcm) (Entered: 09/05/2001)
09/18/2001 982
Request By Alphonse Mourad For Trial Re: [960-1] Motion To Transfer This Case to THe U.S. District Court For the District of Massachusetts for A Jury Trial To Determine the Factual Issues in the Matter Remanded to This Court by The Bankruptcy Appellate Panel by Alphonse Mourad . c/s (mcm) (Entered: 09/18/2001)
10/17/2001 983
Notice of Change of Address Paul D. Moore (mcm) (Entered: 10/17/2001)
10/31/2001 984
Kenner, J. Pre-Trial Order On Remanded Motion Of Alphonse Mourad To Allow Administrative Claim Late. THE COURT HEREBY ORDERS MR. MOURAD TO FILE A PRETRIAL STATEMENT ON OR BEFORE FEB. 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. See Pretrial Order #984 For Complete Text. (ymw) (Entered: 11/01/2001)
10/31/2001 985
ENDORSEMENT ORDER Regarding [982-1] Request For Trial By Alphonse Mourad . THE COURT WILL SCHEDULE THE TRIAL WHEN THE PRETRIAL PROCESS IS COMPLETE. (ymw) (Entered: 11/01/2001)
11/05/2001 986
Imaged Certificate of Mailing. (auto) (Entered: 11/05/2001)
11/05/2001 987
Imaged Certificate of Mailing. (auto) (Entered: 11/05/2001)
01/16/2002 988
Notice of Name Change of Law Firm filed by by Paul D. Moore. c/s (mcm) (Entered: 01/17/2002)
02/14/2002 989
Plaintiff's Pre-Trial Statement by Alphonse Mourad. Exhibits and c/s (mcm) (Entered: 02/14/2002)
06/19/2002 990
Motion by Creditors' Trustee Stephen S. Gray For Leave To Allow Filing, Effective April 12, 2002, of Creditors Pretrial Memorandum With Respect To Remanded Motion of Alphonse Mourad to Allow Administrative Expense Claim Late. (mcm) (Entered: 06/20/2002)
06/19/2002 991
Certificate Of Service By Jennifer L.Hertz Of [990-1] Motion For Leave To Allow Filing, Effective April 12, 2002, of Creditors Pretrial Memorandum With Respect To Remanded Motion of Alphonse Mourad to Allow Administrative Expense Claim Late by Stephen S. Gray . (mcm) (Entered: 06/20/2002)
06/19/2002 992
Creditors' Trustee Pre-Trial Memorandum With Respect To Remanded Motion of Alphonse Mourad To Allow Admninstrative Claim Late by Paul Moore Exhibits and C/S Attached. (not an original signature) (mcm) (Entered: 06/20/2002)
07/11/2002 993
ENDORSEMENT ORDER: RE: [990-1] Motion For Leave To Allow Filing, Effective April 12, 2002, of Creditors Pretrial Memorandum With Respect To Remanded Motion of Alphonse Mourad to Allow Administrative Expense Claim Late. by Stephen S. Gray . NO OBJ. FILED. ALLOWED. (mnd) (Entered: 07/12/2002)
07/15/2002 994
Imaged Certificate of Mailing. (auto) (Entered: 07/15/2002)
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