Americare Corp. v. Hazelbaker (In re Care Enterprises, Inc.)

STATEMENT

The debtor/plaintiffs have filed a complaint objecting to claims filed by the named defendants against the debt- or/plaintiff s’ estates, asserting twenty-one claims for relief.

Each claim for relief identifies the suing debtor/plaintiff and the defendant against whom relief is sought. The debtor/plaintiffs request the disallowance of the defendants’ claims.

Each claim for relief alleges that the defendant has filed a general unsecured claim against the debtor/plaintiffs estate, and denies generally that the debtor/plaintiff is indebted to the defendant for the amount asserted in the claim.

In addition, most of the claims for relief specifically allege that the debtor/plaintiffs have not breached the applicable management, assignment and/or indemnity agreement upon which the defendants’ claims are based.

With the exception of the defendants, Ralph E. Hazelbaker and John N. Haem-merle, the defendants named are partnerships organized under the laws of the State of Ohio. The complaint alleges that the action constitutes a core proceeding.

The debtor/plaintiffs also have filed forty-one counterclaims, asserting that these counterclaims arise out of the same…