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IN RE WAYNE MANOR, INC.

Bankruptcy No. 88-10343-HL, Adv. No. 88-1163.

94 B.R. 240 (1988)

In re WAYNE MANOR, INC. a/k/a Wayne Manor Nursing Home, Debtor. WAYNE MANOR, INC., Plaintiff, v. DEPARTMENT OF PUBLIC WELFARE, FOR the COMMONWEALTH OF MASSACHUSETTS, Defendant.

United States Bankruptcy Court, D. Massachusetts.

July 15, 1988.

Attorney(s) appearing for the Case

Harris G. Gorab, Boston, Mass., for plaintiff/debtor.

Leah W. Sprague, Sp. Asst. Atty. Gen., Commonwealth of Mass., Dept. of Public Welfare, Boston, Mass., for defendant.

MEMORANDUM ON TURNOVER

HAROLD LAVIEN, Bankruptcy Judge.

The debtor, Wayne Manor, Inc., a nursing home, seeks to compel the Massachusetts Department of Public Welfare ("Department") to turn over $26,138.46. The Department withheld these funds from the monies it disbursed to the debtor prepetition to pay for the care of Medicaid recipients residing at the debtor's facility.

The strange history of this case started before 1981 when James D. Regan owned...

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