IN RE FORESIDE MANAGEMENT CO., LLC

BAP No. 08-027. Bankruptcy No. 08-20120-JBH.

402 B.R. 446 (2009)

FORESIDE MANAGEMENT COMPANY, LLC, Debtor. Keltic Financial Partners, LP, Appellant, v. Foreside Management Company, LLC, and Chittenden Trust Company, d/b/a Chittenden Bank, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

March 11, 2009.


Attorney(s) appearing for the Case

Robert J. Keach, Esq. and Jessica A. Lewis, Esq., on brief for Appellant.

Richard P. Olson, Esq., on brief for Appellee, Foreside Management Company, LLC.

Jacob A. Manheimer, Esq., on brief for Appellee, Chittenden Trust Company.

Before VOTOLATO, VAUGHN, and CARLO, Bankruptcy Appellate Panel Judges.


VAUGHN, Bankruptcy Judge.

Keltic Financial Partners, LP ("Keltic"), appeals from the bankruptcy court's order authorizing Foreside Management Company, LLC (the "Debtor"), to: (1) purchase certain specialized racking equipment from its primary secured lender, Chittenden Trust Company ("Chittenden"); (2) obtain postpetition credit from Chittenden to finance the purchase; and (3) modify an existing lease with one of the Debtor's tenants. Keltic argues that the bankruptcy...

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