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IN RE VALLEY HEALTH SYSTEM

BAP No. CC-11-1100-MkHPa. Bankruptcy No. 07-18293. Adversary No. 10-01566.

471 B.R. 555 (2012)

In re VALLEY HEALTH SYSTEM, Debtor. Peggy Kirton; Diane Agnello, Appellants, v. Valley Health System; Valley Health System Retirement Plan; Joel Bergenfeld, Trustee; Vinay M. Rao, Trustee; Michele Bird, Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted February 7, 2012.

Decided March 13, 2012.

Attorney(s) appearing for the Case

Gary E. Klausner of Stutman, Treister & Glatt PC, argued for Appellee Valley Health System; Mark Attwood of Jackson Lewis LLP argued for Appellees Valley Health System Retirement Plan and the following persons as trustees of the Valley Health System Retirement Plan: Joel Bergenfeld, Vinay M. Rao and Michele Bird.**

Before: MARKELL, HOLLOWELL and PAPPAS, Bankruptcy Judges.

MEMORANDUM*

PETER H. CARROLL, Chief Judge.

INTRODUCTION

Peggy Kirton and Diana Agnello ("Kirton Parties") are former employees of Valley Health System ("VHS") and were participants in the Valley Health System Retirement Plan ("Retirement Plan"). After VHS confirmed its chapter 91 plan of adjustment, they filed in state court a petition...

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