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IN RE GENCARELLI

No. 06-2700.

501 F.3d 1 (2007)

In re Louis A. GENCARELLI, Sr., Debtor. UPS CAPITAL BUSINESS CREDIT, Plaintiff, Appellant, v. Louis A. Gencarelli, Sr., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 30, 2007.

Attorney(s) appearing for the Case

Edward J. Pontacoloni, with whom Barbara A. Frederick, Updike, Kelly & Spellacy, P.C., Thomas J. Cronin, and Gunning & LaFazia, Inc. were on brief, for appellant.

Christopher M. Mulhearn, with whom Ferrucci Russo P.C. was on brief, for appellee.

Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

SELYA, Senior Circuit Judge.

This bankruptcy dispute presents a question of first impression in this circuit concerning a commercial lender's right to receive a bargained-for prepayment penalty from a solvent debtor. The lender's best argument was not presented very clearly in the lower courts, but the parties have vigorously contested the point in this court. Because the issue was at least arguably preserved and because its resolution has significant ramifications...

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