IN RE HEALTHCARE REAL ESTATE PARTNERS, LLC

No. 18-3267.

941 F.3d 64 (2019)

IN RE: HEALTHCARE REAL ESTATE PARTNERS, LLC, Debtor Healthcare Real Estate Partners, LLC, Appellant v. Summit Healthcare Reit, Inc.; John Jacob Speckmann; Arnold Goldenbaum; Mark Saulic; Bryan Taylor; Richard G. Peters, as Trustee of Richard & Darlene Peters Trusts; Leroy J. Blake, as Trustee of Leroy J. Blake & Linda J. Blake Family Trust; Roxie M. Bybee, as Trustee of Roxie M. Bybee Trust, Dated July 5, 2012; James D. Franklin, as Trustee of James D. Franklin Trust; John Baikie, as Trustee of John Thomas Baikie Revocable Trust.

United States Court of Appeals, Third Circuit.

Filed: October 22, 2019.


Attorney(s) appearing for the Case

Robert P. Goe , Goe & Forsythe, 18101 Von Karman Avenue, Suite 1200, Irvine, CA 92612, Christopher D. Loizides [Argued], Loizides, 1225 King Street, Suite 800, Wilmington, DE 19801, Counsel for Appellant.

Stuart M. Brown   R., Craig Martin [Argued], DLA Piper, 1201 North Market Street, Suite 2100, Wilmington, DE 19801, Counsel for Appellees.

BEFORE: CHAGARES, GREENAWAY, JR., and GREENBERG, Circuit Judges.


OPINION

I. INTRODUCTION

This matter comes on before this Court on an appeal by appellant Healthcare Real Estate Partners, LLC, ("Healthcare") challenging the District Court's order affirming a bankruptcy court's dismissal under Fed. R. Civ. P. 12(b) of Healthcare's adversary proceeding filed under 11...

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