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IN RE FORMATECH, INC.

BAP No. MW 12-012. Bankruptcy No. 11-43424-MSH.

483 B.R. 363 (2012)

FORMATECH, INC., Debtor. Formatech, Inc., Appellant, v. Sovereign Bank, and Massachusetts Growth Capital Corporation, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

December 7, 2012.

Attorney(s) appearing for the Case

Barry C. Richmond, Esq. , on brief for Appellant.

Bertin C. Emmons, Esq. , on brief for Appellee.

Before LAMOUTTE, KORNREICH, and CABÁN, United States Bankruptcy Appellate Panel Judges.

KORNREICH, Bankruptcy Judge.

The debtor, Formatech, Inc. ("Formatech"), appeals from the order of the bankruptcy court denying its motion to surcharge the collateral of Sovereign Bank ("Sovereign") and Massachusetts Growth Capital Corporation ("MGCC") under § 506(c) for fees and expenses incurred by its counsel.1 For the reasons set forth below, this appeal is DISMISSED.

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