IN RE DOCTORS HOSP. OF HYDE PARK, INC.

Bankruptcy No. 00 B 11520. Adversary No. 11 A 01983.

474 B.R. 576 (2012)

In re DOCTORS HOSPITAL OF HYDE PARK, INC., Debtor. Gus A. Paloian, Chapter 11 Trustee of Doctors Hospital of Hyde Park, Inc., Plaintiff, v. LaSalle Bank National Association, f/k/a LaSalle National Bank, as Trustee for Certificate Holders of Asset Securitization Corporation Commercial Pass-Through Certificates, Series 1997, D5, by and through its servicer, ORIX Capital Markets, LLC, Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

June 6, 2012.


Attorney(s) appearing for the Case

John Costello, Esq. , Scott A. Semenek , Jeffrey L. Gansberg, Esq. , John E. Frey, Esq. , Yeny Estrada , Edwards Wildman Palmer LLP, Chicago, IL, for Debtor/Plaintiff/Trustee.

Lewis T. Stevens, Esq. , Michael Warner, Esq. , Simon Warner & Dolby LLP, Fort Worth, TX, Howard L. Adelman, Esq. , Adam P. Silverman, Esq. , Adelman, Gettleman, Merens, Berish & Carter, Ltd., Chicago, IL, for LaSalle Bank.

N. Neville Reid , Fox, Hefter, Swibel, Levin & Carroll LLP, Chicago, IL, for Unsecured Creditors Committee.

David T.B. Audley, Esq. , Michael T. Benz, Esq. , Richard Wohlleber , Chapman and Cutler LLP, Chicago, IL, for LaSalle Bank N.A. as Trustee for Certificate-Holders of Asset Securitization Corp. Commercial Mortgage Pass-Through Certificates, Series 1997 D5, and through its servicer, ORIX Capital Markets, LLC.

Stacy J. Flanigan , Winston & Strawn LLP, Chicago, IL, for Dan K. Webb.

Kathryn M. Gleason, Esq. , Chicago, IL, Office of the U.S. Trustee.

James M. Witz, Esq. , Frances Gecker, Esq. , Freeborn & Peters, Chicago, IL, for Stephen Weinstein.

Nancy A. Peterman, Esq. , Jane B. McCullough, Esq. , Kimberly M. DeShano, Esq. , Greenburg Traurig PC, Chicago, IL, for Asset Securitization Corp. and Nomura Asset Capital Corp.


MEMORANDUM OPINION ON CHAPTER 11 TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON LASALLE'S CLAIM TO CERTAIN ASSETS

JACK B. SCHMETTERER, Bankruptcy Judge.

In the Chapter 11 Bankruptcy case filed by the debtor Doctors Hospital of Hyde Park ("Debtor"), a claim was filed by LaSalle Bank National Association, f/k/a LaSalle National Bank as Trustee for certain asset certificateholders of Asset Securitization Corporation Commercial Mortgage Pass-Through...

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