IN RE MEDICAL SOFTWARE SOLUTIONS

No. 02-32330.

286 B.R. 431 (2002)

In re MEDICAL SOFTWARE SOLUTIONS d/b/a/ PerfectPractice, MD, Debtor.

United States Bankruptcy Court, D. Utah.

November 14, 2002.


Attorney(s) appearing for the Case

David E. Leta and Matthew Boley, Snell & Wilmer, Salt Lake City, Utah, for the Debtor.

Noel Hyde, Ogden, Utah, for the Individual Shareholders.

Mary Anne Wood, Wood Crapo LLC, Salt Lake City, Utah, for Amy Lewis.

Julia Pettit and Danny Kelly, Stoel Rives LLP, Salt Lake City, Utah, for Dominion Fund V, L.P.

Tobias Keller, Pachulski, Stang, Ziehl, Young & Jones, P.C., San Francisco, California, for Dominion Fund V, L.P.

Alan Walsh and Joel Marker, McKay, Burton & Thurman, Salt Lake City, Utah, for the Examiner, D. Ray Strong.

Weston L. Harris, Parsons Davies Kinghorn & Peters, P.C., Salt Lake City, Utah, for Dominion Venture Finance, LLC.

Laurie Cayton, United States Trustee's Office, Salt Lake City, Utah, for the Trustee.


MEMORANDUM DECISION

WILLIAM T. THURMAN, Bankruptcy Judge.

The issue before the Court is whether the Debtor's proposed sale of substantially all of its assets outside the ordinary course of business, and before a Chapter 11 Plan of Reorganization and Disclosure Statement have been proposed, should be approved by the Court. Complicating matters further, the proposed buyers are insiders as that term is defined within the Bankruptcy Code. Arguments and evidence...

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