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IN RE GREATER SOUTHEAST COMMUNITY HOSP. CORP. I

Bankruptcy No. 02-02250, Adversary No. 04-10093.

327 B.R. 26 (2005)

In re GREATER SOUTHEAST COMMUNITY HOSPITAL CORP. I, et al., Debtors. Sam J. Alberts, Trustee for the DCHC Liquidating Trust, Plaintiff, v. Humana Health Plan, Inc., Defendant.

United States Bankruptcy Court, District of Columbia.

July 11, 2005.

Attorney(s) appearing for the Case

Ted A. Berkowitz, Farrell Fritz, PC, Uniondale, NY, Joseph Damato, Seyfarth Shaw, David Fisher, Assistant Attorney General, Peter D. Isakoff, Cleveland Lawrence, III, Holly E. Loiseau, Jeffrey W. Kilduff, O'Melveny & Myers LLP, Washington, DC, Christopher R. Mirick, Weil, Gotshal & Manges, LLP, Boston, MA, Deryck A. Palmer, New York City, Andrew M. Troop, Weil, Gotshal & Manges LLP, Boston, MA, for debtors.

DECISION RE EFFECT OF ASSUMPTION OF EXECUTORY CONTRACT ON PLAINTIFF'S CLAIMS

S. MARTIN TEEL, JR., Bankruptcy Judge.

The confirmed plan in this case conferred on the reorganized debtors the assumption power of a trustee under the Bankruptcy Code, and conferred on a liquidating trust the avoidance powers available to a trustee under the Bankruptcy Code. This decision holds that the reorganized debtors' assumption of executory contracts bars the liquidating...

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