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IN RE LOOP HOSP. PARTNERSHIP

Bankruptcy No. 83 B 4169.

35 B.R. 929 (1983)

In re LOOP HOSPITAL PARTNERSHIP, an Illinois Limited Partnership, Debtor.

United States Bankruptcy Court, N.D. Illinois, E.D.

December 27, 1983.

Attorney(s) appearing for the Case

Kerry B. Wolfe, Wolfe & Klein, and Donald L. Johnson, Marty J. Schwartz, Chicago, Ill., for creditor.

Ronald R. Peterson, Larry M. Wolfson, Catherine Steege, Jenner & Block, and J. Barton Kalish, Chicago, Ill., for debtor.

MEMORANDUM AND ORDER

ROBERT L. EISEN, Bankruptcy Judge.

This matter came before the court on a motion by Marine National Exchange Bank (Creditor) to compel Loop Hospital Partnership (Debtor) to assume or reject an unexpired lease agreement (Agreement) under 11 U.S.C. Section 365. Creditor maintains that the agreement for hospital equipment is a true lease. In response, debtor asserts that the lease is a disguised security agreement for the conditional sale...

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