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IN RE AMERICAN HOMEPATIENT, INC.

No. 302-08915.

298 B.R. 152 (2003)

In re AMERICAN HOMEPATIENT, INC., et al., Debtors.

United States Bankruptcy Court, M.D. Tennessee.

May 15, 2003.

Attorney(s) appearing for the Case

Charles Walker, Nashville, TN, Assistant U.S. Trustee.

Frank J. Wright, C. Ashley Ellis, Hance, Scarborough, Wright, Ginsberg & Brusilow, LLP, Dallas, TX, Robert J. Mendes, Mendes & Gonzales, PLLC, Nashville, TN, for Debtors.

David E. Lemke, Waller, Lansden, Dortch & Davis, PLLC, Nashville, TN, for Official Committee of Unsecured Creditors.

Lenard M. Parkins, Robin E. Phelan, W. Alan Wright, Haynes & Boone, LLP, James R. Kelley, Neal & Harwell, PLC, Nashville, TN, for Bank of Montreal.

MEMORANDUM

GEORGE C. PAINE, II, Chief Judge.

I. Introduction

The issue before the court is whether to confirm American HomePatient Inc.'s (hereinafter "debtor") Second Joint Amended Chapter 11 Plan that was proposed by the debtor in conjunction with the Official Committee of Unsecured Creditors.1 Confirmation was consensual as to all creditors except the Bank of Montreal, Administrative...

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