IN RE HILLARD DEVELOPMENT CORP.

Bankruptcy Nos. 90-27588-BKC-AJC, 98-25060-BKC-AJC, 98-25061-BKC-AJC. Adversary No. 99-2008-BKC-AJC-A.

238 B.R. 857 (1999)

In re The HILLARD DEVELOPMENT CORPORATION, etc., Debtor. In re Richmond Health Care, Inc., d/b/a Sunrise Health and Rehabilitation Center, Debtor. In re Hillard Development Corporation, d/b/a Pilgrim Manor Nursing Home, d/b/a Provident Nursing Home, Debtor. Simonetti Development, LTD., Plaintiff, v. Hillard Development Corporation, Defendant.

United States Bankruptcy Court, S.D. Florida.

August 4, 1999.


Attorney(s) appearing for the Case

Gregory A. Martin, Miami, Florida, for plaintiff.

James B. Boone, Fort Lauderdale, Florida, for defendant.


OPINION REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND RELATED MOTIONS

JAMES D. GREGG, Chief Judge.1

I. ISSUE

Although this opinion addresses a variety of issues, the principal question is whether a statute of limitations defense may defeat a creditor's rights under a previously confirmed chapter 11 plan.

II. JURISDICTION

The court has subject matter jurisdiction over this...

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