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IN RE TENDER LOVING CARE HEALTH CARE SERVICES

No. 06-CV-5651 JFB.

377 B.R. 798 (2007)

In re TENDER LOVING CARE HEALTH CARE SERVICES, INC., n/k/a DSMP Holdings, Inc., et al., Debtors. Roger Jackson Pleasant, Appellant, v. TLC Liquidation Trust, Appellee.

United States District Court, E.D. New York.

September 26, 2007.

Attorney(s) appearing for the Case

Michael L. Schein, Michael G. Davies, Vedder, Price, Kaufman & Kammholz, P.C., New York, New York, for Appellant-Creditor.

Douglas W. Henkin, Manuel Yanez, Milbank, Tweed, Hadley & McCloy, LLP, New York, New York, Fred Neufeld, Milbank, Tweed, Hadley & McCloy, LLP, Los Angeles, California, for Appellee-Trust.

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge.

The instant case is an appeal from the voluntary bankruptcy proceeding of Debtor Tender Loving Care Health Care Services ("TLC") and certain subsidiaries (collectively, the "Debtors"), pursuant to Chapter 11 of the Bankruptcy Code, in the United States Bankruptcy Court for the Eastern District of New York ("Bankruptcy Court").

Creditor Roger Jackson Pleasant ("Pleasant") appeals from the August...

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