UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS (Eastern Division)
V & M MANAGEMENT, INC. Debtor
Case No. 96-10123-CJK
OPPOSITION OF THE BRA TO MOTION FOR THE WITHDRAWAL OF THE ATTORNEY FOR THE BRA AND TO COMPEL THE BRA TO GIVE TWO MILLION DOLLARS TO THE MANDELA RESIDENTS COOPERATIVE ASSOCIATION. INC.
TO: THE HONORABLE CAROL J. KENNER, CHIEF U.S. BANKRUPTCY JUDGE Pursuant to Rule 8011 of the Federal Rules of Bankruptcy Procedure, the Boston Redevelopment Authority (the "BRA") opposes the Mandela Residents Cooperative Association, Inc.'s Motion 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. for the Purpose of a Limited Equity CooperativeAnd For the Preservation of Affordable Housing (the "Motion") filed by Ms Thelma Barros("Barros"),and seeks its denial.
In support thereof, the BRA states:
1. The claims raised by Ms. Barros regarding the West Minister Willard Affordability Fund are claims which were previously made and decided against the Mandela Residents Cooperative Association, Inc. (the "Cooperative Association") in the Suffolk Superior Court. The claims raised by Ms. Barros regarding the sale of the real estate owned by V&M
Management, Inc. (the "Debtor") to Shamir Construction Company were previously made and decided against the Debtor in the Boston Housing Court. This Court should not entertain Ms. Barros' attempt to re-argue cases which the Cooperative Association and the Debtor have already lost on the merits.
2. Mr. Schapiro, counsel for the BRA, made no misrepresentations to this Bankruptcy Court. The language which Barros complains of is correct, and was adopted by three different judges in the Suffolk Superior Court.
3. Ms. Barros, the president of the Mandela Residents Cooperative Association, Inc.,1 cannot bring this motion before the Bankruptcy Court because she lacks standing to bring such a motion where the Cooperative Association is a corporation which may only be represented by licensed counsel.
4. The BRA has the right to be represented by competent counsel and to provide payment to its counsel.
5. This Court should not entertain dilatory motions such as that filed by Ms. Barros.
Wherefore the Boston Redevelopment Authority respectfully requests, as is more fully set forth in the memorandum filed herewith, that this Court deny in all respects the Motion filed by Thelma Barros on behalf of the Mandela Residents Cooperative Association, Inc., and grant the BRA such other and further relief as this Court deems just and proper.
although Ms. Barros claims to be President of the Mandela Residents Cooperative Association, there is currently exists another Mandela Residents Cooperative Association with a duly elected Board of Directors in place which the BRA has reason to believe is the duly elected and constituted tenants' organization. Ms. Barros was shown as being a Director of that organization. The BRA'S opposition to Ms. Barros' motion is in no way an acknowledgment that Ms. Barros is the president of the true Mandela Residents Cooperative Association, Inc., elected under proper procedural requirements.
BOSTON REDEVELOPMENT AUTHORITY By its attorney
SauT A. Schapiro, BBO#444820
Nina F. Lempert, BBO#630606
Rosenberg & Schapiro
A Professional Corporation
44 School Street, Suite 800
Boston, Massachusetts 02108