Alberts v. Humana Health Plan, Inc. (In Re Greater Southeast Community Hospital Corp. I)

DECISION RE EFFECT OF ASSUMPTION OF EXECUTORY CONTRACT ON PLAINTIFF’S CLAIMS

S. MARTIN TEEL, JR., Bankruptcy Judge.

The confirmed plan in this case conferred on the reorganized debtors the assumption power of a trustee under the Bankruptcy Code, and conferred on a liquidating trust the avoidance powers available to a trustee under the Bankruptcy Code. This decision holds that the reorganized debtors’ assumption of executory contracts bars the liquidating trust’s pursuit of avoidance actions regarding payments made under those executory contracts.

I

The plaintiff, Sam J. Alberts, is Trustee for…