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IN RE DOCTORS HOSP. OF HYDE PARK, INC.

Bankruptcy No. 00 B 11520. Adversary No. 02 A 00363.

507 B.R. 558 (2013)

In re DOCTORS HOSPITAL OF HYDE PARK, INC., Debtor. Gus A. Paloian, Chapter 11 Trustee of Doctors Hospital of Hyde Park, Inc., Plaintiff, v. LaSalle Bank National Association, f/k/a LaSalle National Bank, as Trustee for Certificate Holders of Asset Securitization Corporation Commercial Pass-Through Certificates, Series 1997, D5, by and through its servicer, Orix Capital Markets, LLC, Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

October 4, 2013.

Attorney(s) appearing for the Case

John Costello, Esq. , Scott A. Semenek , Jeffrey L. Gansberg, Esq. , Yeny Estrada , Edwards Wildman Palmer LLP, Chicago, IL, for Debtor/Plaintiff/Trustee.

Kathryn M. Gleason, Esq. , Office of the U.S. Trustee, Chicago, IL.

Lewis T. Stevens, Esq. , Michael Warner, Esq. , Simon Warner & Doby LLP, Fort Worth, TX, Howard A. Adelman, Esq. , Adam P. Silverman, Esq. , Adelman, Gettleman, Merens, Berish & Carter, Ltd., Chicago, IL, for LaSalle Bank.

N. Neville Reid , Fox, Hefter, Swibel, Levin & Carroll LLP, Chicago, IL, for Unsecured Creditors Committee.

James M. Witz, Esq. , Frances Gecker, Esq. , Freeborn & Peters, Chicago, IL, for Stephen Weinstein.

David T.B. Audley, Esq. , Michael T. Benz, Esq. , Richard Wohlleber , Chapman and Cutler LLP, Chicago, IL, for LaSalle Bank N.A. as Trustee for Certificates-Holders of Asset Securitization Corp. Commercial Mortgage Pass-Through Certificates, Series 1997 D5, and through its servicer, ORIX Capital Markets, LLC.

Nancy A. Peterman, Esq. , Jane B. McCullough, Esq. , Kimberly M. DeShano, Esq. , Greenburg Traurig, PC, Chicago, IL, for Asset Securitization Corp. and Nomura Asset Capital Corp.

Stacy J. Flanigan , Winston & Strawn LLP, Chicago, IL, for Dan K. Webb.

COUNTS VIII, IX AND X AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW (MODIFYING PARTS I AND II)

JACK B. SCHMETTERER, Bankruptcy Judge.

Tnis proceeding was tried on remand after appeals to the Seventh Circuit by both parties from a judgment entered following the first trial. The parties rested after further trial on issues remanded, and final arguments were filed in writing. Findings of Fact and Conclusions of Law are hereby made and entered in the...

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