Legal Opinion
Chao v. Lexington Healthcare Group, Inc. (In Re Lexington Healthcare Group, Inc.)
United States Bankruptcy Court, D. Delaware
Decided December 15, 2005No. 17-12793PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the Motion of the Plaintiff for Summary Judgment on its complaint seeking turnover of 401(k) contributions that the Debtors withheld from employee paychecks but never sent to the 401(k) plan administrator (the “Motion”). The Motion is opposed by the chapter 7 trustee and the secured creditors who assert security interests in the Debtors’ assets. For the reasons stated below, the Court will deny the Motion.
I. BACKGROUND
On April 2, 2003, Lexington Healthcare Group, Inc. (“Healthcare”) and several of its affiliates filed…
2Cases cited16 opinions
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- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Fireman's Insurance Company of Newark, New Jersey v. Raymond DufresneCourt of Appeals for the Third Circuit · 1982
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3Cited by7 opinions
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- Plumbers Local 98 Defined Benefit Pension Fund v. M & P Master Plumbers of Michigan, Inc.District Court, E.D. Michigan · 2009
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