IN RE PORTION CONTROL MEAT PROCESSING CO., INC.

Bankruptcy Appeal No. 82-9007.

25 B.R. 337 (1982)

In re PORTION CONTROL MEAT PROCESSING CO., INC., Debtor. Commerce Bank & Trust Company, Appellant, v. Connecticut Container Corp., et al., Appellees.

United States Bankruptcy Appellate Panel for the First Circuit.

December 15, 1982.


Attorney(s) appearing for the Case

Morris A. Greenbaum, Guterman, Horvitz, Rubin & Rudman, Boston, Mass., for appellant.

David A. Talman, and Sumner Silver, Talamo, Phillips, Silver & Talman, P.C., Worcester, Mass., for appellees.

Mark N. Berman, Widett, Slater & Goldman, P.C., Boston, Mass., for trustee.

Before VOTOLATO, Chief Judge, JOHNSON and GOODMAN, Bankruptcy Judges.


VOTOLATO, Chief Judge.

The issue presented on this appeal is whether the Bankruptcy Judge erred in ordering Commerce Bank & Trust Co., a secured lender of the Chapter 11 Debtor, to pay two post-petition suppliers pursuant to the terms of a financing agreement previously entered into between the Commerce Bank and the Debtor.

The relevant facts are as follows: On September 9, 1980 Portion Control Meat Processing...

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