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IN RE BANK OF NEW ENGLAND CORP.

No. CIV.A.01-12229-RGS.

295 B.R. 419 (2003)

In re BANK OF NEW ENGLAND CORPORATION, Debtor. HSBC Bank USA, as Indenture Trustee, and JP Morgan Chase Bank f/k/a the Chase Manhattan Bank, as Indenture Trustee, Appellants, v. Bank of New England Corporation, Appellee.

United States District Court, D. Massachusetts.

February 3, 2003.

Attorney(s) appearing for the Case

Douglas B. Rosner, Goulston & Storrs, PC, Boston, MA, Joseph N. Froelich, Robert C. Shenfeld, Sarah L. Reid, Kelley, Drye & Warren, New York City, for HSBC Bank USA and JP Morgan Chase Bank.

Robin Russell, Andrews & Kurth, LLP, Houston, TX, for Bank of New England Corp.

Dianne F. Coffino, Dewey Ballantine, New York City, for Chemical Bank Delaware.

Katherine Constantine, Monica L. Clark, Dorsey & Whitney, LLP, Minneapolis, MN, for US Bank Trust National Association.

Christopher E. Palmer, William F. Sheehan, Shea & Gardner, Washington, DC, David T. Anderson, Boston, MA, Dennis J. Kelly, Burns & Levinson, Boston, MA, Hugh M. Ray, James Donnell, Van Oliver, Andrews & Kurth, Dallas, TX, Jeanne P. Darcey, Palmer & Dodge, LLP, Boston, MA, Susan Smith, Santos, Peck & Smith, Hartford, CT, for Ben S. Branch.

STEARNS, District Judge.

On December 17, 2001, the Senior Debt holders of the bankrupt Bank of New England Corporation (BNEC), appealed a November 1, 2001 order of the Bankruptcy Court authorizing a distribution of assets from BNEC's estate to the Junior Debt holders. Appellants maintain that no such distribution can be made before they are paid post-petition interest.

Prior to BNEC's spectacular collapse, it obligated itself to six separate issues of Indenture...

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