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IN RE 201 FOREST STREET LLC

Nos. 07-42296-JBR, 07-41768-JBR. Adversary No. 07-4097.

409 B.R. 543 (2009)

In re 201 FOREST STREET LLC & 219 Forest Street LLC, Debtors. 201 Forest Street LLC, 201 Forest Street Realty Trust, 219 Forest Street LLC, & 219 Forest Street Realty Trust, Plaintiffs, v. LBM Financial LLC & Marcello Mallegni, Defendants.

United States Bankruptcy Court, D. Massachusetts, Central Division.

June 30, 2009.

Attorney(s) appearing for the Case

Charles R. Bennett, Jr., Christopher M. Condon, D. Ethan Jeffery, Philip H. Graeter, Hanify & King, P.C., Boston, MA, for Plaintiffs.

Jeffrey D. Ganz, Meegan Casey, Riemer & Braunstein LLP, Boston, MA, Kevin C. McGee, Seder & Chandler, LLP, Worcester, MA, Philip F. Coppinger, Leamar Industries, Inc., Marlborough, MA, for Defendants.

MEMORANDUM OF DECISION

JOEL B. ROSENTHAL, Bankruptcy Judge.

This matter came before the Court for trial on the Plaintiffs'1 Objection to LBM Financial LLC's ("LBM") Claims and Counterclaims2 against Defendants LBM and Marcello Mallegni ("Mallegni"). Counts I, III, & IX seek the disallowance of default rates of interest as unenforceable penalties. Counts II & IV seek declaratory judgments...

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