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IN RE BANKVEST CAPITAL CORP.

Bankruptcy No. 99-47760-JBR. Adversary No. 01-4387.

276 B.R. 12 (2002)

In re BANKVEST CAPITAL CORPORATION, Debtor. Bankvest Capital Corporation, Plaintiff, v. Fleet Boston f/k/a Fleet National Bank f/k/a Bank of Boston, Defendant.

United States Bankruptcy Court, D. Massachusetts.

April 18, 2002.

Attorney(s) appearing for the Case

Charles R. Bennett, Jr., Andrew G. Lizotte, Hanify & King, Boston, MA, for Stephen Gray, Liquidating Supervisor for Bankvest Capital Corporation, Plaintiff, and Official Committee of Unsecured Creditors Movant.

Sabin Willett, Julia Frost-Davies, Tina Brozman, Bingham Dana, LLP, Boston, MA, for Fleet Boston f/k/a Fleet National Bank f/k/a Bank of Boston, Defendant.

MEMORANDUM OF DECISION

JOEL B. ROSENTHAL, Bankruptcy Judge.

This matter came before the Court for a trial on the Debtor's Complaint to Avoid Postpetition Transfers pursuant to 11 U.S.C. § 549, and an evidentiary hearing on what, in hindsight, has proved to be a somewhat mistitled pleading, the Emergency Motion of Official Committee of Unsecured Creditors for Imposition of Sanctions Against Fleet National Bank and ARK CLO 2001-1 Limited for Violations...

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