IN RE BANK OF NEW ENGLAND CORP.

Bankruptcy No. 91-10126 (WCH). Civil Action No. 09-10829-JLT.

426 B.R. 1 (2010)

In re BANK OF NEW ENGLAND CORP., Debtor, HSBC Bank USA, Nat'l A'ssn, as Indenture Trustee and as Successor Indenture Trustee to JPMorgan Chase Bank f/k/a The Chase Manhattan Bank, as Indenture Trustee, Appellant, v. Bank of New York Trust Co., National Association, as Indenture Trustee, and U.S. Bank, National Association, as Indenture Trustee, Appellees, and Bank of New England Corporation, Dr. Ben S. Branch, Chapter 7 Trustee.

United States District Court, D. Massachusetts.

March 15, 2010.


Attorney(s) appearing for the Case

David T. Anderson, Boston, MA, for Trustee. Christopher E. Palmer, Shea & Gardner, Washington, DC, Robin Russell, Andrews & Kurth, L.L.P., Houston, TX, for Trustee.

Dianne F. Coffino, Jennifer O. Farina, C. William Phillips, Covington & Burling, Daniel Zinman, Kawowitz, Benson, Torres & Friedman LLP, New York, NY, Katherine Constantine, Patrick J. McLaughlin, Todd C. Pearson, Dorsey & Whitney, Minneapolis, MN, Charles P. Normandin, Ropes & Gray LLP, Boston, MA, Steven Weiss, Shatz, Schwartz & Fentin P.C., Springfield, MA, for Appellees.

William A. Escobar, Alison L. MacGregor, Sarah L. Reid, Kelley Drye & Warren, New York, NY, Douglas B. Rosner, Goulston & Storrs, PC, Boston, MA, for Appellants.


MEMORANDUM

TAURO, District Judge.

Presently at issue is an appeal from a decision of the Bankruptcy Court dated April 10, 2009.1 For the following reasons, the judgment of the Bankruptcy Court is AFFIRMED.

The Bank of New England Corporation ["BNE"] issued six separate issues of indenture debt, three described as "Senior Indentures" and three described as "Junior Indentures," prior to filing a voluntary petition...

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