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IN RE ADVANCED PRO. HOME HEALTH CARE, INC.

Bankruptcy No. 86-05769-G, Adv. No. 86-1052.

82 B.R. 837 (1988)

In re ADVANCED PROFESSIONAL HOME HEALTH CARE, INC., Debtor. ADVANCED PROFESSIONAL HOME HEALTH CARE, INC., Plaintiff, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN, a Michigan non-profit corporation; Otis R. Bowen, Secretary of the Department of Health and Human Services; C. McClain Haddow, Acting Administrator Health Care Financing Administration, Defendants.

United States Bankruptcy Court, E.D. Michigan, S.D.

January 24, 1988.

Attorney(s) appearing for the Case

Robert B. Weiss, Judy B. Calton, of Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for debtor in possession.

Roy C. Hayes, U.S. Atty., Karl Overman, Asst. U.S. Atty., Detroit, Mich., for the Secretary of the Dept. of Health & Human Services.

AMENDED MEMORANDUM OPINION

RAY REYNOLDS GRAVES, Bankruptcy Judge.

Advanced Professional Home Health Care, Inc., ("Advanced"), brought this action, Adversary Proceeding No. 86-1052, under 11 U.S.C. § 541, to recover monies withheld from post-petition partial interim payments by Blue Cross and Blue Shield of Michigan ("Blue Cross") and the Department of Health and Human Services. Subsequently, Blue Cross was dismissed as a defendant. The Debtor in Possession...

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