Boston Regional Medical Center, Inc. v. Greater Boston Academy (In re Boston Regional Medical Center, Inc.)

MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

CAROL J. KENNER, Bankruptcy Judge.

The Plaintiff and Chapter 11 Debtor in this case, Boston Regional Medical Center, Inc., has since 1902 owned a forty-acre* parcel of real property in Stoneham, Massachusetts. By its complaint in this adversary proceeding, the Debtor seeks (1) a declaratory judgment that the Defendants have no interest in the property and no legal entitlement to remain upon it or, if the Defendants do have an interest, that the Debtor may, by virtue of its powers and status under 11 U.S.C. § 544(a),…