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IN RE ONCOLOGY ASSOCIATES OF OCEAN COUNTY LLC

Case Nos. 12-11790, 13-11745, 13-17107 (Substantively Consolidated) Adv. Pro. No. 14-01096, Adv. Pro. No. 14-01094.

510 B.R. 463 (2014)

IN RE: ONCOLOGY ASSOCIATES OF OCEAN COUNTY LLC, Modern Radiation and Oncology of Ocean County, LLC, and Dover Real Estate Holdings, LLC, Debtors. Morris S. Bauer, Chapter 11 Trustee, Plaintiff, v. General Electric Capital Corporation and General Electric Company d/b/a GE Healthcare Diagnostic Imaging, Defendants. Morris S. Bauer, Chapter 11 Trustee, Plaintiff, v. United States of America, Defendant.

United States Bankruptcy Court, D. New Jersey.

Signed June 10, 2014.

Attorney(s) appearing for the Case

Gary N. Marks, Esq. , Norris, McLaughlin & Marcus, PA, 721 Route 202-206 North, Suite 200, Bridgewater, NJ 08807, Attorney for Morris S. Bauer, Chapter 11 Trustee.

Mark F. Magnozzi, Esq. , Amish R. Doshi, Esq. , Magnozzi & Kye, LLP, 23 Green Street, Suite 302, Huntington, NY 11743, Attorneys for General Electric Capital Corporation.

Ari D. Kunofsky, Esq. , U.S. Department of Justice, P.O. Box 227, Washington, D.C. 20044, Attorney for the United States of America.

CHAPTER 11

MEMORANDUM DECISION

MICHAEL B. KAPLAN, U.S.B.J.

I. Introduction

These matters come before the Court upon the motions ("Motions") filed by Defendants General Electric Capital Corporation ("GECC") and the United States of America ("United States" and, collectively with GECC, the "Defendants"), which seek to dismiss certain counts contained in the respective adversary proceedings filed by the Chapter 11 Trustee, Morris S. Bauer...

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