BANK OF MONTREAL v. AMERICAN HOMEPATIENT, INC.

No. 3:04-0188. Bankruptcy No. 302-08915.

309 B.R. 738 (2004)

BANK OF MONTREAL, et al., Appellant, v. AMERICAN HOMEPATIENT, INC., et al., Appellee, In re American Homepatient, Inc., et al.

United States District Court, M.D. Tennessee, Nashville Division.

May 20, 2004.


Attorney(s) appearing for the Case

James Russell Kelley, Neal & Harwell, Nashville, TN, Lenard M. Parkins, W. Alan Wright, Haynes & Boone, LLP, Houston, TX, for appellant.

David E. Lemke, Waller, Lansden, Dortech & Davis, Steven Allen Riley, Bowen, Riley, Warnock & Jacobson, PLC, George N. Panagakis, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, Thomas Harvel Forrester, Gullett, Sanford, Robinson & Martin, Nashville, TN, for Official Committee of Unsecured Creditors, Equity Committee, Invacare Corporation, creditors.

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

Charles Walker, Office of the U.S. Trustee, Nashville, TN, for U.S. Trustee.


MEMORANDUM

WISEMAN, Senior District Judge.

I. INTRODUCTION:

Before the Court is an appeal of the Middle District of Tennessee Bankruptcy Court's ruling, which determined the amount of the Bank of Montreal's1 ("Agent") damages claim resulting from American Home Patient's2 ("Debtor") rejection of an executory contract during a Chapter 11 Reorganization Plan. In its December 11, 2003...

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