1. Home
  2. Browse Decisions
  3. B.R.
  4. 416 B.R.
  5. 416 B.R. 389 (2009)
 

IN RE PROMEDICUS HEALTH GROUP, LLP

Bankruptcy No. 03-10102K. Adversary No. 05-1021K.

416 B.R. 389 (2009)

In re PROMEDICUS HEALTH GROUP, LLP, Debtor Mark S. Wallach, as Trustee of Promedicus Health Group, LLP, Plaintiff v. Gary Douglas, M.D., Katherine O'Donnell, M.D., Rexford L. Thomas, Jr., M.D., Jeffrey Berndston, M.D., Promedicus Health Group Savings and Investment Plan c/o Mark S. Wallach, Esq., Trustee in Bankruptcy, Promedicus Health Group, LLC c/o Mark S. Wallach, Esq., Trustee in Bankruptcy, Fidelity Investments Institutional Operations Company, Inc., Fidelity Investments, Fidelity Management Trust Company, Defendants.

United States Bankruptcy Court, W.D. New York.

October 14, 2009.

Attorney(s) appearing for the Case

K. Michael Sawicki, Esq., and Mark J. Schlant, Esq., Buffalo, NY, for Plaintiff-Trustee.

Ryan L. Gellman, Esq. and Paul G. Joyce, Esq., Colucci & Gallaher, P.C., Buffalo, NY, for Gary Douglas, M.D., Rexford L. Thomas, Jr., M.D. Katherine O'Donnell, M.D., Jeffrey Berndston, M.D.

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

The question before the Court is that of what definition of "insolvent" applies to a debtor that is a New York registered limited liability partnership. The defendants argue that it is 11 U.S.C. § 101(32)(B) that applies, and more particularly subparagraph (ii) thereof, which requires that "the sum of the excess of the value of each general partner's non-partnership property" is to be added...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases