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Healthcare Real Estate Partners, LLC. v. Summit Healthcare REIT, Inc.

United States Bankruptcy Court, D. Delaware

Decided May 12, 2023No. 16-50981Unknown

1Opinion

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 7 HEALTHCARE REAL ESTATE Case No. 15-11931 (CTG) PARTNERS, LLC, Debtor. HEALTHCARE REAL ESTATE PARTNERS, LLC, Adv. Pro. No. 16-50981 (CTG) Plaintiff, v. SUMMIT HEALTHCARE REIT, INC., et al., Defendants. MEMORANDUM OPINION The petitioning creditors filed an involuntary chapter 7 bankruptcy petition against the debtor for reasons that had nothing to do with recovering on their prepetition claims against the debtor. Instead, the petition was filed in order to invoke an ipso facto clause that would entitle the…

2Cases cited30 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Field v. MansSupreme Court of the United States · 1995
  4. Blanchard v. BergeronSupreme Court of the United States · 1989
  5. Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996

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