Legal Opinion

Giuliano v. U.S. Nursing Corp. (In Re Lexington Healthcare Group, Inc.)

United States Bankruptcy Court, D. Delaware

Decided February 2, 2006No. 17-12732PublishedCited by 24 opinions

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

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  4. Alston v. ParkerCourt of Appeals for the Third Circuit · 2004
  5. Bogosian v. Gulf Oil Corp.Court of Appeals for the Third Circuit · 1977

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3Cited by24 opinions

  1. Gold v. Winget (In Re NM Holdings Co.)United States Bankruptcy Court, E.D. Michigan · 2009
  2. Mervyn's LLC v. Lubert-Adler Group IV, LLC (In Re Mervyn's Holdings, LLC)United States Bankruptcy Court, D. Delaware · 2010
  3. In re Petters Company, Inc.United States Bankruptcy Court, D. Minnesota · 2013
  4. Responsible Person of Musicland Holding Corp. v. Best Buy Co. (In Re Musicland Holding Corp.)United States Bankruptcy Court, S.D. New York · 2008
  5. State Bank & Trust Co. v. Spaeth (In Re Motorwerks, Inc.)United States Bankruptcy Court, S.D. Ohio · 2007

19 more not listed; retrieve them via the Exa API.

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