IN RE SOUTH BAY MEDICAL ASSOCIATES

Bankruptcy No. SA 92-22018 JW. Adv. No. SA 94-1228 JW.

184 B.R. 963 (1995)

In re SOUTH BAY MEDICAL ASSOCIATES dba Suncrest Hospital of South Bay, Debtor and Debtor-in-Possession. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS, Plaintiff, v. RIVIERA MEDICAL DEVELOPMENT CORPORATION; and Does 1 through 10, inclusive, Defendant. RIVIERA MEDICAL DEVELOPMENT COMPANY, a California limited Partnership, Counter-claimant, v. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS; South Bay Medical Associates dba Suncrest Hospital of South Bay; Charter Medical Corporation, a Delaware corporation; Charter Hospital of Torrance, Inc. formerly known as Charter Pacific Hospital, Inc., a California corporation, Counter-defendants.

United States Bankruptcy Court, C.D. California.

August 9, 1995.


Attorney(s) appearing for the Case

William Weinberger, Selvin & Weiner & Weinberger, Los Angeles, CA, and Jeremy Richard, Pachulski, Stang, Ziehl & Young, Los Angeles, CA, for Riviera Medical Development Co., defendant and counter-claimant/third party plaintiff.

Sheri Bluebond, Irell & Manella, Los Angeles, CA, for Charter Medical Corp. and Charter Hosp. of Torrance, Inc., third party defendants.


MEMORANDUM OF DECISION

JOHN J. WILSON, Bankruptcy Judge.

The Official Committee of Unsecured Creditors ("Committee)" filed an adversary action on behalf of the estate against the Debtor's former lessor, Riviera Medical Development Company ("Riviera"), seeking the recovery of preferential transfers and damages for violation of the automatic stay. Riviera initiated a third party indemnity action against the original...

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