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Res 1993-185
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Res 1993-185
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Resolutions
Number
1993-185
Date
10/25/1993
Volume Book
113
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<br /> I 6A G- <br /> , <br /> Objection to Claim") against HealthVest. In their First Amended Objection to <br /> Claim. Debtors objected to all claims filed by HealthVest in HII's tankruptcy <br /> case. <br /> HII obj ected to the claims of HealthVest which are arnoun t s claimed for <br /> future rent obligations because the Debtors had neither assumed nor rejected <br /> any leases at the time HealthVest's claims were filed. On October 9, 1992, <br /> Healthcare San Antonio, Inc., the Oaks Psychiatric Hospital, Inc.. Healthcare <br /> Virginia, Inc., Healthcare Rehabilitation Center of Austin, Inc. and <br /> Healthcare Living Centers, Inc. filed a Motion to Assume their leases with <br /> HealthVest. An Order allowing the ¡!ssumption of these leases was signed by <br /> the Court on November 20, 1992. This order made the objections to <br /> HealthVest.s claims based on these leases moot. <br /> On August 13,1992, the Debtors filed a Motion to Reject Executory Leases <br /> wherein they sought to reject the following leases covering the following <br /> hospital facilities: Cedar Springs Hospital, Glenwood, Meadow Pines, West <br /> Oaks, Oaks Treatment Center and Kahi Mohala. On October 7, 1992, the <br /> Bankruptcy Court entered an Order Approving Agreement on Motion to Reject <br /> Executory Leases. With regard to these claims an issue remained as to whether <br /> HealthVest's claim against HI! (the guarantor of the lease payments) is <br /> limited by the statutory cap set forth in section 502(b)(6) of the Bankruptcy <br /> Code (the "Code"). <br /> HII ~lso objected to some of HealthVest's claims based on the allegation <br /> that HealthVest charged interest on the note payments both under, the New <br /> Deferral Note and under the original notes, théreby rece~ving double interest <br /> payments. HII also objected to certain of HealthVest's claims on the grounds <br /> that HealthVest charged HII a late fee, included some postpetition interest, <br /> and filed duplicative claims. These disputes did not involve large dollar <br /> amounts. <br /> HI! also objected to HealthVest's claims pursuant to section 502(d), <br /> asserting that HealthVest received avoidable transfers under sections 547 and <br /> 548 of the Code, and consequently its claim should be disallowed until <br /> HealthVest pays over the avoidable transfers. <br /> The Debtors' claim that HealthVest received fraudulent transfers were <br /> resolved on November 19, 1992 when the Court granted HealthVest's Fourth <br /> Motion for Partial Summa ry Judgment (Fraudulent Transfers) and Brief in <br /> Support Thereof, and found that no fraudulent transfers occurred. <br /> The Debtors' claims that HealthVest received preferences from the Debtors <br /> under section 547 of the Code were also largely resolved by summary judgment <br /> granting HealthVest's Fifth Motion for Partial Summary Judgment (Obligations <br /> Incurred and Rent Payments Made Were Not Preferential Transfers) and Brief in <br /> Support Thereof. The Court ruled in HealthVest's favor on this Fifth Motion <br /> on Novembe r 19, 1992, finding that none of the alleged preferences addressed <br /> therein were avoidable by the Debtors. The Debtors' allegation that the <br /> pledge of the San Marcos stock to secure the New Deferral Note was a <br /> - 32 - <br /> a-ZeISS <br />
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