Giuliano v. U.S. Nursing Corp. (In Re Lexington Healthcare Group, Inc.)
United States Bankruptcy Court, D. Delaware
1Opinion of the Court
MEMORANDUM OPINION
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the Motion to Dismiss the above adversary proceeding filed by U.S. Nursing Corporation (“USNC”). The Motion is opposed by Alfred Giuliano, the chapter 7 trustee (the “Trustee”). For the reasons stated below, the Court will grant the Motion in part.
I. BACKGROUND
On April 2, 2003, the Debtors filed petitions for relief under chapter 11 of the Bankruptcy Code. Prior to bankruptcy, the Debtors operated eight nursing home facilities (the “Facilities”) that provided healthcare services including nursing care, suba-cute care,…
2Cases cited21 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Haines v. KernerSupreme Court of the United States · 1972
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Alston v. ParkerCourt of Appeals for the Third Circuit · 2004
- Bogosian v. Gulf Oil Corp.Court of Appeals for the Third Circuit · 1977
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