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IN RE LEXINGTON HEALTHCARE GROUP, INC.

Bankruptcy No. 03-11007 MFW. Adversary No. 04-53348 (MFW).

335 B.R. 570 (2005)

In re LEXINGTON HEALTHCARE GROUP, INC. and Lexington Highgreen Holding, Inc., Debtors. Elaine Chao, Secretary of Labor, Plaintiff, v. Lexington Healthcare Group, Inc.; Lexington Highgreen Holding, Inc.; Alfred Thomas Giuliano, Chapter 7 Trustee; Heller Healthcare Finance, Inc., and Healthcare Service Group, Inc., Defendants.

United States Bankruptcy Court, D. Delaware.

December 15, 2005.

Attorney(s) appearing for the Case

Ivelisse J. Berio LeBeau, Esquire, U.S. Dept. of Labor, Office of the Regional Solicitor, Boston, MA, for the Secretary of Labor.

Kenneth E. Aaron, Esquire, Jeffery S. Cianciulli, Weir & Partners LLP, Wilmington, DE, for the trustee.

Mark Felger, Esquire, Cozen & O'Connor, Wilmington, DE, for Healthcare Service Group, Inc.

Bonnie G. Fatell, Esquire, Blank, Rome, Comisky & McCauley, LLP, Wilmington, DE, Robert P. Harris, Esquire, Quarles, Brady, Streich & Lang, LLP, Phoenix, AZ, for Heller Healthcare Finance, Inc.

Joanne B. Wills, Esquire, Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Wilmington, DE, for the Creditors' Committee.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of the Plaintiff for Summary Judgment on its complaint seeking turnover of 401(k) contributions that the Debtors withheld from employee paychecks but never sent to the 401(k) plan administrator (the "Motion"). The Motion is opposed by the chapter 7 trustee and the secured creditors who assert security interests in the Debtors' assets...

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