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1
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SUPPL ANSWR TO SUBMS QUES
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EXTRACTED KEY WORDS
SUMMONS SCHWAB IRA ACCOUNT FUNDS HALE DORR COURT AFOREMENTIONED IRA ACCOUNT MARKET MASS LAWS PARAGRAPH PURSUANT PLAINTIFF COUNTERCLAIM MASSACHUSETTS CREDITS COUNTERCLAIM DEFENDANTS CIVIL PROCEDURE ABOVE-CAPTIONED ACTION BEDFORD ROAD REALTY ROAD REALTY TRUST DEPOSIT BANKRUPTCY COURT DISTRICT MATTER LINCOLN NORTH POSSESSION CONTROL |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, et al., 1
Plaintiffs, C . A . NO. 91-10473-H
V. 1
RICHARD L. NOLAN, et al., 1
Defendants. 1 1 I
SUPPLEMENTAL ANSWER OF TRUSTEE
CHARLES SCHWAB t CO., INC.
AND SUBMISSION OF OUESTION TO THE COURT
Trustee Charles Schwab & Co., Inc. ( llSchwab") hereby amends
and supplements its answer to the summons to trustee filed on
June 15, 1993 by adding new subparagraph 1 (a) and amending
paragraph 2 , as follows:
1. [SAME]
I - -. - - - - L _ .
.
(a). m e aroremenuonea IRA account has been ana remains
frozen by Schwab since service of the summons to trustee. On or
about June 6, 1993, the aforementioned IRA account contained
approximately $86,604 in cash and marketable securities in a
mutual fund with a market value of approximately $2567, which
values are subject to market fluctuation.
2 . (a) Pursuant to Mass. Gen. Laws c. 246, S 14, Schwab
submits to the Court the question whether and to what extent
Schwab is chargeable as trustee with respect to the
aforementioned IRA account under Mass. Gen. Laws c. 246, S 2 8 .
(b) The summons to trustee is defective on its face in
that it fails to contain the statement of amount exempted as
required by Mass. Gen. Laws c. 246, S 28.
(c) Schwab reserves the right to take a specific
position at an appropriate time as to whether and to what extent
the summons to trustee attached and/or attaches the
aforementioned IRA account.
SIGNED UNDER PAINS AND PENALTIES OF PERJURY AS TO FACTS
STATED IN PARAGRAPH 1 (a) THIS -2-1 DAY OF DECEMBER, 1993.
Charles Schwab & Co., Inc.
.
SNIPPETS:
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2
.
DEF OPP TO PLF MTN JUDGMT
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EXTRACTED KEY WORDS
SUMMARY JUDGMENT DEFENDANTS RENEWED MOTION PARTIAL SUMMARY JUDGMENT COUNTERCLAIM STRIKE BEDFORD ROAD REALTY ROAD REALTY TRUST LAWRENCE SMITH OPPOSITION COURT REASONS FEDERAL DEPOSIT INSURANCE PLAINTIFFS BANK THIRD AMENDED COMPLAINT GUARANTORS SANCTIONS EXHIBIT COURT DENIES NONETHELESS SUMMARILY DENY SUPPORT INCORPORATE REASONS SET MEMORANDUM PARTI CERTIFICATION CLEM/LINCOLN/AKO |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receives of the *
BANK OF NEW ENGLAND, N.A. and *
NEW BANK OF NEW ENGLAND, N.A., *
*
Plaintiff, *
*
V. * C . A . NO.
*
RICHARD L. NOLAN, *
DAVID P. NORTON, Individually *
and as Trustee of OLD +
BEDFORD ROAD REALTY TRUST
LAWRENCE P. SMITH, Individually *
and as Trustee of OLD * *
BEDFORD ROAD REALTY TRUST,
and * *
OLD BEDFORD ROAD REALTY TRUST,
Defendants. *
...................... ------------*
RICHARD L. NOLAN, *
DAVID P.NORTON, Individually *
and as Trustee of OLD *
BEDFORD ROAD REALTY TRUST *
LAWRENCE P. SMITH, Individually *
and as Trustee of OLD *
BEDFORD ROAD REALTY TRUST, *
and *
OLD BEDFORD ROAD REALTY TRUST, *
Counterclaim Plaintiffs, *
-k
*
V. *
*
FEDERAL DEPOSIT INSURANCE *
CORPORATION, as Receiver f o r *
BANK OF NEW ENGLAND,N.A., and
NEW BANK OF NEW ENGLAND, N.A..
._ . *
Counterclaim DefendaAts. *
********************************X**
DEFENDANTS' OPPOSITION TO PLAINTIFF FDIC's
RENEWED MOTION FOR PARTIAL SUMMARY JUDGMENT
Defendants' Richard L. Nolan, David P. Norton, and Lawrence
p. Smith ("the Defendants//)
oppose Plaintiff and Defendant-in-
SNIPPETS:
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3
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SUPPLEMENTAL MEMORANDUM
|
EXTRACTED KEY WORDS
TRUST APPEALS COURT DEFENDANTS MOTION INDIVIDUAL DEFENDANTS JOINT APP DISTRICT GUARANTY LINCOLN NORTH BANK DISMISS LIABILITY RECEIVER RELIEF BORROWER NOLAN ESTATE SUPPLEMENTAL MEMORANDUM FILING PARTNERSHIP EXTEND BEDFORD ROAD REALTY ROAD REALTY MASSACHUSETTS LOAN TRUSTEE PROTECTION DEBTOR |
SUPPLEMENTAL MEMORANDUM REGARDING QUESTION
POSED BY THE COURT ON SEPTEMBER 291-1993
. .,
, .
Introduction
Federal Deposit Insurance Corporation as Receiver of New
Bank of New England, N . A . , plaintiff and appellee ('INew Bank
Receiver"), hereby submits this supplemental memorandum in
response to the question posed by this Court on September 29,
1993 :
Does the stay accompanying the petition in bankruptcy
of Lincoln North Associates Limited Partnership,
Bankruptcy Case No. 93-14523-JNF (D. Mass.), extend to,
moot or otherwise affe-ct amenability to review of the
issues raised on appeal in Dkt. No. 93-1572?
Short Answer: The stay imposed by 11 U . S C. $362(a) applies only
to the relief granted in the May 12 Order specifically against
Old Bedford Road Realty Trust ( IITrust") , its alter ego, Lincoln
North Associates Limited Partnership (ItLincoln North"), and their
property. The stay does not extend to or affect parties who are
not in bankruptcy. Thus, the sole issues properly raised in this
and the related appeal, No. 93-1682, are whether the individual
defendants' appeals should be dismissed and whether the appeals
should be denied because the District Court did not abuse its
discretion when it issued the May 12 Order against the individual
defendants.
Factual and Procedural Backqround
This appeal is from a May 12, 1993 Order issued by District
Court Judge Harrington of t h e District of Massachusetts, allowing
Pamela Nolan was only added as a defendant in the District
Court Case on May 11, 1993. See Joint App. at 15 (Dkt. No. 80) and
731.
- 1 -
#
1 . certain of New Bank Receiver's motions f o r preliminary and
prejudgment relief. The matter is entitled FDIC as Receiver of
New Bank of New Enqland, N.A. v. Richard Nolan, et. al., Civil
SNIPPETS:
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4
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MEM FOR MTN FR SUM JDGMNT
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EXTRACTED KEY WORDS
BEDFORD SUMMARY JUDGMENT DEFENDANTS GUARANTORS LOAN ROAD REALTY TRUST SMITH MOTION LOAN AGREEMENT PAYMENT GUARANTY NOLAN NORTON BARRY AFF FEDERAL DEPOSIT INSURANCE BEDFORD ROAD REALTY COUNTERCLAIMS MEMORANDUM PARTIAL SUMMARY JUDGMENT OBLIGATIONS LOAN DOCUMENTS UNITED STATES DEFENDANTS RICHARD NOLAN PLAINTIFF DEPOSIT INSURANCE CORPORATION INDEBTEDNESS MATERIAL FACTS BNE AMENDED COMPLAINT |
UNITED STATES DISTR1CT"COURT
DISTRICT OF MASSACHUSETTS-
, . <.-
. ", , ,. , .'
FEDERAL DEPOSIT INSURANCE CORPORATION, ) .-
as Receiver of NEW BANK OF NEW )
ENGLAND, N.A. 1 . .
1 , i
. I '
Plaintiff and
Defendant-in-Counterclaim, 1
V. 1
RICHARD L. NOLAN, DAVID P. NORTON,
Individually and as Trustees of OLD
BEDFORD ROAD REALTY TRUST, LAWRENCE
P. SMITH, Individually and as Trustee )
of OLD BEDFORD ROAD REALTY TRUST, and )
OLD BEDFORD ROAD REALTY TRUST, 1
Defendants and
Plaintiffs-in-Counterclaim. 1 CIVIL ACTION NO. 91-10473-H
RICHARD L. NOLAN, DAVID P. NORTON, )
Individually and as Trustees of OLD )
BEDFORD ROAD REALTY TRUST, LAWRENCE
P. SMITH, Individually and as Trustee )
of OLD BEDFORD ROAD REALTY TRUST, and )
OLD BEDFORD ROAD REALTY TRUST, ) 1
Plaintiffs-in-Counterclaim,
V.
1
-FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver of BANK 1
OF NEW ENGLAND, N.A.,
1
Defendant-in-Counterclaim.
MEMORANDUM IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT
BY PLAINTIFF AND DEFENDANT-IN-COUNTERCLAIM
Plaintiff and defendant-in-counterclaim, Federal Deposit
Insurance Corporation as Receiver of New Bank of New England, N.A.
("New Bank Receiver1I), submits this Memorandum in support of its
motion for partial summary judgment. New Bank Receiver seeks summary
judgment on all claims, except fraudulent conveyance, between it and
defendants Richard Nolan ( IINolantl)
, David Norton ( llNortonll)
Lawrence Smith (ltSmithll), who jointly and severally unconditionally
guaranteed "prompt and full payment and performance when duev1 of
SNIPPETS:
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5
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DEF RPNSE TO INTERROGATRS
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EXTRACTED KEY WORDS
ACCOUNT HALE DORR RESPONSE DEFENDANTS INDEBTEDNESS SET-OFF TRUSTEE PROCESS BANK TRUST REQUEST INFORMATION AMOUNT BALANCE BUSINESS CUSTODIAN BEDFORD ROAD REALTY WRITTEN RECORDS REFER ENGLAND NOLAN COUNTERCLAIM PLAINTIFFS PURSUANT LINCOLN NORTH DONALD KONDUB MASSACHUSETTS SIGNATORY PARTICIPANT FINANCIAL INSTITUTION |
1
NEW BANK OF NEW ENGLAND, N.A.,
Plaintiff, 1 1
V. 1 1
RICHARD L. NOLAN,
DAVID P. NORTON, Individually, 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD REALTY TRUST, and 1
OLD BEDFORD ROAD REALTY TRUST,
Defendants, 1 1 ) CIVIL ACTION NO. 91-10473-H
\
I
RICHARD I;. NOLAN, 1
DAVID P. NORTON, Individually, 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1 )
BEDFORD
and as REALTY
Trustee TRUST,
of and
OLD 1 1
OLD BEDFORD ROAD REALTY TRUST, 1
Counterclaim Plaintiffs, )
V. 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for
BANK OF NEW ENGLAND, N.A., and NEW 1 )
BANK Counterclaim
OF NEW Defendants.
ENGLAND, N . A . , )
1
TRUSTEE PROCESS DEFENDANT HALE AND DORR'S
RESPONSE TO INTERROGATORIES
Trustee Process Defendant Hale and Dorr ("Hale and Dorr")
hereby responds pursuant to M.G.L. Ch. 246 S12 to the
Interrogatories Propounded By Plaintiff To Trustee Process
Defendant Hale and Dorr ("Interrogatories").
General Objections
1. Hale and Dorr objects to each of the Interrogatories
SNIPPETS:
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6
.
THIRD AMMENDED COMPLAINT
|
EXTRACTED KEY WORDS
BANK TRUST NOLAN LOAN AMOUNT NORTON MASSACHUSETTS AGREEMENT BORROWERS BREACH FEES RICHARD SMITH PROMISSORY NOTE BEDFORD ROAD GUARANTY EXHIBIT PROCEEDS RECEIVER DAVID PURSUANT CONSTRUCTION LOAN MIDDLESEX COUNTY HERETO OBLIGATIONS BEDFORD ROAD REALTY FUNDS ATTORNEYS FEES CONVEYANCES |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION
FEDERAL DEPOSIT INSURANCE CORPORATION, )
Receiver of the
NEW BANK OF NEW ENGLAND, N . A . , 1
Assignee of the FEDERAL DEPOSIT
INSURANCE CORPORATION,
Receiver of the 1
BANK OF NEW ENGLAND, N.A., )
Plaintiff,
V . 1 1 1
I RICHARD L. NOLAN,
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and.OLD BEDFORD ROAD REALTY PRUST, 1
PAMELA L. NOLAN, and
RICHARD L. NOLAN IRREVOCABLE TRUST, 1
Defendants, 1
and 1
PAMELA L. NOLAN, and 1
RICHARD L. N O M IRREVOCABLE TRUST, 1
Reach and Apply Defendants, ) 1 1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Plaintiffs-in-Counterclaim, )
V. 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for 1
BANK OF NEW ENGLAND, N.A., 1
Defendant-in-Counterclaim. 1 1
THIRD W N D E D COMPLAINT
Introduction
of the New Bank of New England, N . A . , complains of the Defendants
SNIPPETS:
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7
.
PLF MOTN TO AMND COMPLNT
|
EXTRACTED KEY WORDS
AMEND UNITED STATES FEDERAL DEPOSIT INSURANCE CORPORATION RECEIVER BANK ENGLAND BEDFORD ROAD REALTY ROAD REALTY TRUST PARTIES COMPLAINT SUBSTITUTE PARTY MASS AMENDED COMPLAINT DISTRICT COURT NOLAN TRUSTEE MOTION ABSENCE UNDUE DELAY FAITH DILATORY QUOTING FOMAN DAVIS AMENDMENT SUES |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 91-10473-H
FEDERAL DEPOSIT INSURANCE CORPORATION,
Receiver of the
NEW BANK OF NEW ENGLAND, N-A-,
Assignee of the FEDERAL DEPOSIT
INSURANCE CORPORATION,
Receiver of the
BANK OF NEW ENGLAND, N.A.,
Plaintiff,
V.
RICHARD L. NOLAN,
DAVID P. NORTON, Individually
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST,
LAWRENCE P. SMITH, Individually
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST,
and OLD BEDFORD ROAD REALTY TRUST,
Defendants.
1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Plaintiffs-in-Counterclaim, )
V. 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for 1
BANK OF NEW ENGLAND, N . A . , 1
Defendant-in-Counterclaim. 1
FDIC's MOTION TO AMEND COMPL
AINT
The plaintiff, Federal Deposit Insurance Corporation, as
Receiver of the New Bank of New England, N.A. (the "FDIC1I), moves
under Fed. R. Civ. P. 15 and 21 f o r leave to amend the Second
("Nolan'*) f o r , and to add parties in connection with, fraudulent
SNIPPETS:
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8
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DEF SUPPL ANSWR & CNTRCLM
|
EXTRACTED KEY WORDS
INTENT RECOLL LOAN COUNTERCLAIM PARAGRAPH SUPPLEMENT AGREEMENT GUARANTIES ATTORNEYS DEFENDANTS SETTLEMENT BREACH LOAN COMMITTEE NORTON REALTY TRUST SMITH COURT DEFENSE DAMAGES NOLAN TRUSTEE PARTIES DRAFT BANK COUNTERCLAIM PLAINTIFF BEDFORD ROAD REALTY OBLIGATION NEGOTIATIONS REPRESENTATIONS |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO.
NEW BANK OF NEW ENGLAND, N.A.,
Plaintiff,
V.
RICHARD L. NOLAN,
DAVID P. NORTON, Individually,
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST,
LAWRENCE P. SMITH, Individually
and as Trustee of OLD
BEDFORD REALTY TRUST, and
OLD BEDFORD ROAD REALTY TRUST,
Defendants,
and
KPMG PEAT MARWICK,
Trustee Defendant.
1
RICHARD L . NOLAN,
DAVID P. NORTON, Individually,
and as Trustee of OLD )
BEDFORD ROAD REALTY TRUST, )
LAWRENCE P. SMITH, Individually
and as Trustee of OLD 1
BEDFORD REALTY TRUST, and
OLD BEDFORD ROAD REALTY TRUST,
Counterclaim Plaintiffs, )
V.
1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver f o r 1
BANK OF NEW ENGLAND, N.A., NEW 1
BANK OF NEW ENGLAND, N . A . , 1
and PERTINAX PROPERTIES, INC. )
Counterclaim Defendants. )
DEFENDANTS' SUPPLEMENTAL ANSWER AND COUNTERCLAIMS
Richard L. Nolan, David P. Norton, individually and as
Trustee of Old Bedford Road Realty Trust (the "Trust"), Lawrence
P. Smith, individually and as Trustee of the Trust, and the Trust
SNIPPETS:
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9
.
DEF MEM AGNST PLF MNT INJ
|
EXTRACTED KEY WORDS
LOAN COURT SMITH MOTION FRAUDULENT DEFENDANTS PRELIMINARY INJUNCTION RENTS NOLAN ATTACHMENTS EQUITABLE ATTACHMENT AGREEMENT INTENT BANK SETTLEMENT AGREEMENT FRAUDULENTLY CONVEYED PROPERTY LOAN COMMITTEE MASSACHUSETTS ROAD REALTY TRUST PLAINTIFF SMITH AFF BEDFORD ROAD REALTY AFFIDAVIT PREDECESSORS LIMITATIONS OBLIGATIONS BNE LINCOLN NORTH FRAUDULENT CONVEYANCE |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1
NEW BANK OF NEW ENGLAND, N.A., 1
Plaintiff, 1 " .
V. 1 -.. . . , .
. , , 1 ,
- . . ?
1 +-,,,;'.\' ,
. .
RICHARD I;. NOLAN, 1
DAVID P. NORTON, Individually, 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD REALTY TRUST, and 1
OLD BEDFORD ROAD REALTY TRUST,
Defendants. 1 ) CIVIL ACTION NO. 91-10473-H
1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually, 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD REALTY TRUST, and 1
OLD BEDFORD ROAD REALTY TRUST, ' )
Counterclaim Plaintiffs, ) 1
V.
1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for 1
BANK OF NEW ENGLAND, N . A . , NEW 1
BANK OF NEW ENGLAND, N.A., 1
and PERTINAX PROPERTIES, INC. )
Counterclaim Defendants. )
DEFENDANTS' MEMORANDUM IN OPPOSITION TO
PLAINTIFF'S MOTIONS FOR PRELIMINARY INJUNCTION,
FOR TURNOVER BY THE TRUST OF PAST COLLECTED
RENTS, FOR APPROVAL OF ATTACHMENTS, AND FOR
EQUITABLE ATTACHMENT OF FRAUDULENTLY CONVEYED PROPERTY
The defendants submit this omnibus Memorandum and the
SNIPPETS:
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10
.
AFFIDAVIT OF NOLAN
|
EXTRACTED KEY WORDS
ASSETS BNE LINCOLN NORTH TRANSFERS PARTNERSHIP CONTINGENT LIABILITIES APPRAISER PROBABILITY RLN WIFE GUARANTY NOLAN BEDFORD ROAD BEDFORD ROAD REALTY ROAD REALTY TRUST LOAN DEFICIENCY EXHIBIT NET WORTH ESTATE ESCROW ACCOUNT TRUSTEE RICHARD AFFIDAVIT HERETO ACCURATE STATEMENT MARKET OUTSTANDING DETERMINATION |
NEW BANK OF NEW ENGLAND, N-A*,
Plaintiff,
V. 1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, and 1
OLD BEDFORD ROAD REALTY TRUST, 1
Defendants,
and 1 1
KPMG PEAT MARWICK, 1
Trustee Defendant. 1
RICHARD L. NOLAN,
DAVID P. NORTON, Individually
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST,
LAWRENCE P . SMITH, Individually
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, and
OLD BEDFORD ROAD REALTY TRUST,
counterclaim Plaintiff,
V. 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for 1
BANK OF NEW ENGLAND, N.A, , NEW 1
BANK OF NEW ENGLAND, N.A., 1
and PERTINAX PROPERTIES, INC. 1
Counterclaim Defendants. *1
AFFIDAVIT OF RICHARD L. NOLAN
I, Richard L. Nolan, under the penalties of perjury, s t a t e as
follows :
1. I am a general partner of Lincoln North Associates
Limited Partnership, the beneficiary of the Old Bedford Road
Realty Trust-. I submit this affidavit in opposition to the
Federal Deposit Insurance Corporation's (the "FDIC's'') Motions f o r
Preliminary Injunction, for attachments and for other equitable
relief.
2 . The Personal Statement of Assets and Probable
Liabilities of Richard- L. Nolan (the "RLN Statement"), attached
hereto as Exhibit A, is a true and accurate statement of my
SNIPPETS:
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11
.
AFFIDAVIT L SMITH
|
EXTRACTED KEY WORDS
BANK LOAN INTENT TRUSTEE AGREEMENT REALTY TRUST BORROWERS NORTON PARAGRAPH BNE TENANT IMPROVEMENTS LOAN MODIFICATION AGREEMENT BEDFORD ROAD REALTY MOTION ATTORNEY LINCOLN NORTH ATTACHMENTS ESTIMATED DEFICIENCY SUN TENANT IMPROVEMENTS PRELIMINARY INJUNCTION SETTLEMENT AGREEMENT LOAN COMMITTEE DRAFT LOAN MODIFICATION PROVISIONS POSSESSION AFFIDAVIT OPPOSITION FEDERAL DEPOSIT INSURANCE CONSTRUCTION |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO.
NEW BANK OF NEW ENGLAND, N.A.,
P l a i n t i f f ,
v. 1
RICHARD L. NOLAN,
DAVID P. NORTON, Individually,
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST,
LAWRENCE P. SMITH, Individually
and as Trustee of OLD
BEDFORD REALTY TRUST, and
OLD BEDFORD ROAD REALTY TRUST,
Defendants,
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually, 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD REALTY TRUST, and
OLD BEDFORD ROAD REALTY TRUST, 1
Counterclaim Plaintiffs, ) 1
V. 1 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for 1
BANK OF NEW ENGLAND, N.A. I NEW 1
BANK OF NEW ENGLAND,, N.A. 1
Counterclaim Defendants. ) 1
AFFIDAVIT OF LAWRENCE P. SMITH IN OPPOSITION TO THE
.FEDERAL DEPOSIT INSURANCE CORPORATION'S MOTIONS FOR
PRELIMINARY INJUNCTION, FOR ATTACHMENTS AND FOR
OTHER EQUITABLE RELIEF
1, Lawrence P. Smith, under the pains and penalties of
perjury, state as follows:
1. I am a trustee of the Old Bedford Road Realty Trust (the
a l'Trust"), which is a Massachusetts realty trust. I submit this
affidavit in opposition to the Federal Deposit Insurance
Corporation's ("FDIC") Motions for Preliminary Injunction, for
a attachments and for other equitable relief,
SNIPPETS:
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12
.
AFFIDAVIT OF SMITH
|
EXTRACTED KEY WORDS
MANAGEMENT ATTORNEY GILLERAN RECOLL DOUGLAS PERSONNEL SPOKE LOAN RECOVERY RESPONSIBILITIES POSSESSION SPAULDING CAFETERIA CRANBERRY HILL LARRY SMITH TRESPASSING DISTRICT MASSACHUSETTS PLAINTIFF RICHARD DEFENDANT-IN-COUNTERCLAIM AFFIDAVIT ASSETS ESTATE BEDFORD ROAD TRUST FIRM SLYE RENTS ICE EMPLOYEE |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO.
FEDERAL DEPOSIT INSURANCE CORPORATION, 1 1
in its capacity as Receiver of the 1
1
NEW BANK OF NEW ENGLAND, N-A.,
Plaintiff,
V. 1
1 1
RICHARD L. NOLAN,
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, and 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Defendants. 1
1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, and 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Plaintiffs-in-Counterclaim, 1
V. 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver f o r 1
BANK OF NEW ENGLAND, N.A.1 1
Defendant-in-Counterclaim. 1
AFFIDAVIT OF DOUGLAS B. SMITH
Douglas Smith, on oath deposes and says:
1. My name is Douglas B. Smith. I am a Vice President of
RECOLL Management Corporation (IIRECOLL") . I am in charge of the
Managed Assets Group within the Loan Recovery Division of RECOLL-
MY responsibilities include the management of Properties of which
SNIPPETS:
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13
.
PLF MTN FOR TRNOVER
|
EXTRACTED KEY WORDS
RENTS FEDERAL DEPOSIT PAST RENTS COLLECTING COURT FEDERAL DEPOSIT INSURANCE PLAINTIFF BEDFORD ROAD REALTY TURNOVER DISTRICT DEPOSIT INSURANCE CORPORATION RECEIVER BANK ENGLAND DAVID NORTON DEFENDANT-IN-COUNTERCLAIM MOTION REQUIRING REASONABLE LIKELIHOOD SUCCESS PRELIMINARY INJUNCTION HARM NOLAN LAWRENCE SMITH ATTORNEYS AGENTS AFFILIATES |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1
FEDERAL DEPOSIT INSURANCE CORPORATION, )
Receiver of the
NEW BANK OF NEW ENGLAND, N.A., 1
Assignee of the FEDERAL DEPOSIT
INSURANCE CORPORATION, 1
Receiver of the 1
BANK OF NEW ENGLAND, N.A.,
Plaintiff,
V. 1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Defendants. 1
i
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST,
Plaintiffs-in-Counterclaim, )
V. 1
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver f o r 1
BANK OF NEW ENGLAND, N.A., 1
Defendant-in-Counterclaim.
FDIC's MOTION FOR TURNOVER BY THE TRUST OF PAST COLLECTED
RENTS, OR, ALTERNATIVELY, EQUITABLE ATTACHMENT OF SUCH RENTS
Introduction
Plaintiff, Federal Deposit Insurance Corporation, Receiver of
New Bank of New England, N.A. (llFDIC1l), hereby moves this Court,
pursuant to Fed. R. Civ. P. 64, 6 5 , and M.G.L. c.214, §3(6), f o r
SNIPPETS:
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14
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PLF MEMO FOR MTN FR INJUN
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EXTRACTED KEY WORDS
BANK POSSESSION TRUST PRELIMINARY INJUNCTION COURT SMITH ASSIGNMENT RECEIVER BORROWERS DEFENDANT MORTGAGE INTERFERENCE BARRY AFFIDAVIT MOTION LOAN PLAINTIFF FEDERAL DEPOSIT INSURANCE BEDFORD ROAD REALTY IRREPARABLE HARM DEPOSIT INSURANCE CORPORATION INTERFERING PROMISSORY NOTE INJUNCTIVE RELIEF OBLIGATIONS DISTRICT COURT NET OPERATING INCOME IMMEDIATE POSSESSION LOAN MODIFICATION AGREEMENT PRELIMINARY INJUNCTION PREVENTING |
0
UNITED STATES DISTRICT COURT - ,. .,
DISTRICT
OF MASSACHUSETTS
'5.t
1..
', ..; r_, 4 !,J 1 ,I bd
CIVIL ACTION N0.,.91-10473-H
i ' . ? , ,,. ,
1
FEDERAL DEPOSIT INSURANCE CORPORATION, )
Receiver of the 1
NEW BANK OF NEW ENGLAND, N.A., 1
Assignee of the FEDERAL DEPOSIT
INSURANCE CORPORATION, 1
Receiver of the 1
BANK OF NEW ENGLAND, N.A.,
Plaintiff, 1
V. 1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST,
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Defendants. 1 1 1
RICHARD L. NOLAN,
DAVID P. NORTON, Individually 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, 1
UWRENCE P. SMITH, Individually
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST,
Plaintiffs-in-Counterclaim, )
V. 1
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver f o r 1
BANK OF NEW ENGLAND, N.A., 1
Defendant-in-Counterclaim. 1
FDIC's MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY
INJUNCTION (1) TO PREVENT INTERFERENCE WITH ITS ENTERING AND
TAKING POSSESSION OR, (2) ALTERNATIVELY, TO PREVENT
INTERFERENCE WITH ITS COLLECTION OF RENTS
SNIPPETS:
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15
.
PLF MEM FR MTN FOR TRNOVR
|
EXTRACTED KEY WORDS
TRUST PAST RENTS COURT COLLECTED RENTS ALTERNATIVELV PLAINTIFF DEFENDANT BEDFORD ROAD REALTY MOTION TURNOVER TENANTS PRELIMINARY INJUNCTION HARM DEPOSIT INSURANCE CORPORATION BANK BARRY AFFIDAVIT IRREPARABLE HARM EQUITABLE ATTACHMENT INJUNCTIVE RELIEF UNITED STATES DISTRICT DISTRICT COURT FEDERAL DEPOSIT INSURANCE BORROWERS REASONABLE LIKELIHOOD DAMAGE REMEDY FAVORABLE BALANCE LOAN MODIFICATION AGREEMENT MASSACHUSETTS ORDER REQUIRING DEFENDANT |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION
1
FEDERAL DEPOSIT INSURANCE CORPORATION, )
Receiver of the 1
NEW BANK OF NEW ENGLAND, N.A.,
Assignee of the FEDERAL DEPOSIT 1
INSURANCE CORPORATION, 1
Receiver of the
BANK OF NEW ENGLAND, N.A.,
Plaintiff,
V.
RICHARD L. NOLAN,
DAVID P. NORTON, Individually
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST,
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST,
and OLD BEDFORD ROAD REALTY TRUST,
Defendants. 1 1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST,
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Plaintiffs-in-Counterclaim, )
V. 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for
BANK OF NEW ENGLAND, N.A., 1
Defendant-in-Counterclaim. 1 1
FDIC's MEMORANDUM IN SUPPORT OF MOTION FOR
TURNOVER BY THE TRUST OF PAST COLLECTED RENTS, OR,
ALTERNATIVELY, EOUITABLE: ATTACHMENT OF SUCH RENTS
Introduction
Plaintiff, Federal Deposit Insurance Corporation, Receiver of
New Bank of New England, N.A. ("FDIC"), has moved this Court,
pursuant to Fed. R. Civ. P. 64, 65, and M.G.L. c.214, 53 ( 6 ) , for
an order requiring Defendant Old Bedford Road Realty Trust (the
I1Trustvv) to turnover past rents of approximately $2.0 to $2.5
SNIPPETS:
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16
.
AFFIDAVIT OF MCKINNERNEY
|
EXTRACTED KEY WORDS
RECOLL BANK BORROWERS OVERSIGHT COMMITTEE ROAD REALTY TRUST LOAN RECOVERY OFFICERS INDIVIDUAL LOAN RECOVERY AMOUNT GUARANTY LIMITATIONS ENGLAND MATTER RESTRUCTURING INTENT NO1 DEPOSIT INSURANCE CORPORATION BEDFORD ROAD MCKINNERNEY RESPONSIBILITY GUARANTORS TIMES DEBT SERVICE ATTORNEYS UNITED STATES DISTRICT FEDERAL DEPOSIT INSURANCE PLAINTIFF AFFIDAVIT GROUP LEADER SECOND-YEAR EXTENSION OPERATING EXPENSES RECOLLIS |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 91-10473-H
FEDERAL DEPOSIT INSURANCE CORPORATION, 1
Receiver of the
NEW BANK OF NEW ENGLAND, N.A-1 1
Assignee of the FEDERAL DEPOSIT 1 c
INSURANCE CORPORATION, 1
Receiver of the 1
BANK OF NEW ENGLAND, N.A.,
Plaintiff,
V. 1
RICHARD L. .NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, -4
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Defendants. 1 1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, )
and OLD BEDFORD ROAD REALTY TRUST,
Plaintiffs-in-Counterclaim, )
V. 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for 1
BANK OF NEW ENGLAND, N-A. , 1
Defendant-in-Counterclaim. 1
1
AFFIDAVIT OF RICK D. MCKINNERNEY
I, Rick D. McKinnerney, on oath, depose and state:
1. I am a Vice President of RECOLL Management Corporation,
attorney-in-fact for the Federal Deposit Insurance Corporation as
Receiver for the New Bank of New England (" FDIC 11) , the Plaintiff
in this matter. A t RECOLL, I am a group leader in the Loan
SNIPPETS:
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17
.
AFFIDAVIT OF BARRY
|
EXTRACTED KEY WORDS
TRUST LOAN NOLAN EXHIBIT RENTS PROMISSORY NOTE MATURITY GUARANTY BANK NORTON SMITH PAYMENT AMOUNT TRUSTEE BREACH INSURANCE DEFENDANTS COLLECTING CONSTRUCTION HERETO BEDFORD ROAD REALTY RICHARD MASSACHUSETTS PURSUANT OBLIGATIONS LIKELIHOOD SUCCESS LENDER SHORTFALLS |
r:
, .
. --, ,
, ,
UNITED STATES DISTRICT COURT
.
DISTRICT OF MASSACHUSEPTS ,, , .
1 . - .> I
2,;;
*: L
&
+,
- I
CIVIL ACTION NO. 91-10.473-H
FEDERAL DEPOSIT INSURANCE CORPORATION, ) 1
Receiver of the 1
NEW BANK OF NEW ENGLAND, N.A., 1
Assignee of the FEDERAL DEPOSIT 1
INSURANCE CORPORATION, 1
Receiver of the 1
BANK OF NEW ENGLAND, N.A., 1
Plaintiff, 1
V. 1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, 1
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Defendants. 1
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually 1
and as Trustee of OLD 1 1 '
BEDFORD ROAD REALTY TRUST,
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST, 1
and OLD BEDFORD ROAD REALTY TRUST, 1
Plaintiffs-in-Counterclaim, )
SNIPPETS:
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18
.
DEF OPP TO PLF MTN JDGMNT
|
EXTRACTED KEY WORDS
SMITH GUARANTORS SETTLEMENT MOTION BREACHES SUMMARY JUDGMENT SMITH AFFIDAVIT PRIOR BINDING SETTLEMENT INTENT DEFENDANTS RECEIVER PREDECESSORS GENUINE COURT LINCOLN NORTH MATERIAL FACT PRELIMINARY INJUNCTION LOAN COMMITTEE AFFIRMATIVE DEFENSES MODIFIED LETTER BNE RESTRUCTURING SUPPLEMENTAL SMITH AFFIDAVIT NBNE GUARANTY-LIMITATION PROVISION MCKINNERNEY AFFIDAVIT BANKRUPTCY FEDERAL DEPOSIT INSURANCE |
UNITED STATES DISTRICT COURT
.,
I
-'. -
DISTRICT OF MASSACHUSETTS ' -' ' ~ . , ...
r.- 7
. ,
I .
: " , ' - J
* * * x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ,;17 L"
,: bJhj
FEDERAL DEPOSIT INSURANCE *
CORPORATION, . -
as Receiver of the *
BANK OF NEW ENGLAND, N.A. and *
NEW BANK OF NEW ENGLAND, N.A., *
Plaintiff, *
*
V. * C.A. NO.
*
RICHARD L. NOLAN, *
DAVID P. NORTON, Individually *
and as Trustee of OLD *
BEDFORD ROAD REALTY TRUST *
LAWRENCE P. SMITH, Individually *
and as Trustee of OLD *
BEDFORD ROAD REALTY TRUST, *
and *
OLD BEDFORD ROAD REALTY TRUST, *
Defendants. *
------------------,------------------*
RICHARD L. NOLAN, *
DAVID P.NORTON, Individually *
and as Trustee of OLD *
BEDFORD ROAD REALTY TRUST *
LAWRENCE P. SMITH, Individually *
and as Trustee of OLD *
BEDFORD ROAD REALTY TRUST, *
and *
OLD BEDFORD ROAD REALTY TRUST, *
Counterclaim Plaintiffs, * *
V. * *
SNIPPETS:
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19
.
DEF ANSR TO SCND AMND COM
|
EXTRACTED KEY WORDS
BANK DEFENDANTS TRUSTEES COUNTERCLAIM PLAINTIFFS ALLEGATIONS BNE DEFENDANTS ADMIT REALTY TRUST AGREEMENT LOAN PERTINAX ENGLAND SMITH FUND LINCOLN NORTH SUN TENANT IMPROVEMENTS FIRST SENTENCE CONSTRUCTION DEFICIENCY SETTLEMENT AGREEMENT BEDFORD ROAD REALTY COMPLAINT DEFENDANTS DENY ESCROW PROCEEDS PERTINAX PROPERTIES FULLY SET PROCEEDS ACCOUNT BORROWERS REQUISITIONS |
CIVIL ACTJQN L:; .NO..#
.,. I .,, 91
'',. - 10$?.3
..: ',i /.,I -
:I H
r E 9 j 5 -;- ;x 1 -[ c; F
9.r >< S 5 1,s ij ii 5 E T T S
1
NEW BANK OF NEW ENGLAND, N.A.1
Plaintiff, 1
V.
RICHARD L. NOLAN, 1
DAVID P. NORTON, Individually, 1
and as Trustee of OLD 1
BEDFORD ROAD REALTY TRUST,
LAWRENCE P. SMITH, Individually 1
and as Trustee of OLD 1
BEDFORD REALTY TRUST, and
OLD BEDFORD ROAD REALTY TRUST, 1
Defendants,
and 1
KPMG PEAT MARWICK,
Trustee Defendant. )
1
RICHARD L. NOLAN,
DAVID P . NORTON, Individually, 1 DEFENDANTS' ANSWER TO
and as Trustee of OLD SECOND AMENDED COMPLAINT AND
BEDFORD ROAD REALTY TRUST, 1 VERIFIED AMENDED COUNTERCLAIMS
LAWRENCE P. SMITH, Individually
and as Trustee of OLD 1
BEDFORD REALTY TRUST, and 1
OLD BEDFORD ROAD REALTY TRUST,
Counterclaim Plaintiffs, )
V. 1
FEDERAL DEPOSIT INSURANCE 1
CORPORATION, as Receiver for 1
BANK OF NEW ENGLAND, N.A., NEW )
BANK OF NEW ENGLAND, N.A., 1
and PERTINAX PROPERTIES, INC. )
Counterclaim Defendants. ) 1
Richard L. Nolan, David P. Norton, individually and as
Trustee of Old Bedford Road Realty Trust ( t h e "Trust"),
Lawrence P. Smith, individually and as Trustee of the Trust, and
the Trust, answer the allegations of the New Bank of New England's
SNIPPETS:
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