Fleet National Bank v. Whippany Venture I, LLC (In Re IT Group, Inc.)

MEMORANDUM OPINION

FARNAN, District Judge.

Before the Court is an appeal by Fleet National Bank (“Fleet”) from the August 21, 2003 Order of the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) denying partial summary judgment in favor of Fleet and granting partial summary judgment in favor of Whippany Venture I, LLC (“Whip-pany”). For the reasons discussed, the Court will affirm the Bankruptcy Court’s Order dated August 21, 2003.

I. The Parties’ Contentions

The instant appeal arises in connection with the sale by Whippany of 35.17 acres of real property located…