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IN RE DOCTORS HOSPITAL OF HYDE PARK, INC.

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

494 B.R. 344 (2013)

In re DOCTORS HOSPITAL OF HYDE PARK, INC., Debtor. Gus A. Paloian, Chapter 11 Trustee of Doctors Hospital of Hyde Park, Inc., Counter-Claimant, 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, Counter-Claim Defendant.

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

June 7, 2013.

Attorney(s) appearing for the Case

John E. Frey, Esq., Yeny Estrada, Edwards Wildman Palmer LLP, Chicago, IL, for Debtor/Plaintiff/Trustee.

Howard L. Adelman, Esq., Adam P. Silverman, Esq., Adelman, Gettleman, Ltd., Chicago, IL, for LaSalle Bank.

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

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

OPINION ON SUMMARY JUDGMENT MOTION OF COUNTER-CLAIMANT PALOIAN ON COUNT I

JACK B. SCHMETTERER, Bankruptcy Judge.

This Adversary Complaint is pleaded by the Chapter 11 Trustee as a counterclaim to assert defenses and offsets to a claim filed by Counterclaim Defendant against the bankruptcy estate.

Gus A. Paloian as Trustee for the bankruptcy estate of Doctors Hospital of Hyde Park, Inc. ("Paloian" or "Trustee") has moved, pursuant to Rule 7056...

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