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IN RE SPM MFG. CORP.

No. 92-1379.

984 F.2d 1305 (1993)

In re SPM MANUFACTURING CORPORATION, Debtor. OFFICIAL, UNSECURED CREDITORS' COMMITTEE, Appellant, v. Peter M. STERN, Chapter 7 Trustee of SPM Manufacturing Corporation, and Robert and Frances Shaine, Appellees.

United States Court of Appeals, First Circuit.

Decided January 21, 1993.

Rehearing and Rehearing Denied February 24, 1993.

Attorney(s) appearing for the Case

William C. Penkethman with whom David J. Noonan and Kamberg, Berman, P.C., Springfield, MA, were on brief, for appellant.

Peter M. Stern with whom Cynthia J. Gagne and Law Office of Peter M. Stern, Springfield, MA, were on brief, for appellee Peter M. Stern, Chapter 7 Trustee of SPM Mfg. Corp.

J. Daniel Marr with whom Hamblett & Kerrigan P.A., Nashua, NH, was on brief, for appellees Robert and Frances Shaine.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BRODY, District Judge.

Rehearing and Rehearing En Banc Denied February 24, 1993.

LEVIN H. CAMPBELL, Senior Circuit Judge.

The district court affirmed a bankruptcy court order which compelled a secured creditor to pay to the debtor's estate a portion of the proceeds it had received in satisfaction of its allowed secured claim. The bankruptcy court's order contravened an agreement between the secured creditor and the general, unsecured creditors to share in the proceeds from the former...

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