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IN RE HOLYOKE NURSING HOME, INC.

Bankruptcy No. 00-45238. Adversary No. 00-4448.

273 B.R. 305 (2002)

In re HOLYOKE NURSING HOME, INC., Debtor. Holyoke Nursing Home, Inc., Plaintiff, v. Health Care Financing Administration, Defendant.

United States Bankruptcy Court, D. Massachusetts.

January 11, 2002.

Attorney(s) appearing for the Case

Paul R. Salvage, Esq., Bacon & Wilson, P.C., Springfield, MA, for Debtor.

Karen L. Goodwin, Assistant U.S. Attorney, Springfield, MA, for HCFU.

Eugene B. Berman, Esq., Kamberg & Berman, P.C., Springfield, MA, for Creditor's Committee.

Richard King, Esq., Worcester, MA, U.S. Trustee.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court are cross motions for summary judgment filed by the Plaintiff Holyoke Nursing Home, Inc. (the "Debtor" or "Holyoke") and Defendant United States Health Care Financing Administration ("HCFA"). Proper disposition of the motions turns on this Court's characterization of HCFA's pre and postpetition recovery of certain prepetition overpayments made to Holyoke on account of Medicare...

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