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IN RE SHENANDOAH REALTY PARTNERS, L.P.

Bankruptcy No. 5-96-00662, Adversary No. 5-01-00027.

287 B.R. 867 (2002)

In re SHENANDOAH REALTY PARTNERS, L.P., t/a Shenandoah Manor of Clifton Forge, Debtor. Shenandoah Realty Partners, L.P., Plaintiff, v. Ascend Healthcare, Inc., Defendant.

United States Bankruptcy Court, W.D. Virginia, Harrisonburg Division.

May 23, 2002.

Attorney(s) appearing for the Case

Douglas Stark, Esq., Roanoke, VA, Counsel for Ascend.

Roy V. Creasy, Esq., Roanoke, VA, Counsel for Shenandoah Realty Partners.

DECISION AND ORDER

ROSS W. KRUMM, Chief Judge.

The issue before the court is whether a Chapter 11 debtor has standing to sue a plan proponent for failure to perform under the terms of a confirmed plan. For the reasons that follow, the court holds that a proponent of a confirmed plan is bound by its terms and that a debtor aggrieved by a plan proponent's non-performance has standing to seek redress in the bankruptcy court.

BACKGROUND

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