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21st Century Oncology Bankruptcy Complaint Filed

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21st Century Oncology Holdings and Central Coast Medical Oncology (CCMO) filed with the U.S. Bankruptcy Court a complaint against U.S. CANCER CARE (USCC) and OnCure Medical.

The complaint alleges, “As a direct and proximate result of USCC/ONCURE’s fraudulent misrepresentations and concealment, CCMO has suffered damages in an amount to be proven at trial, but in any event in excess of $4,000,000….CCMO respectfully requests relief as follows: For a declaration that The MSA is void, neither the MSA nor the Sublease can be assumed, and both must be rejected; funds set aside by CCMO are CCMO’s property; USCC/ONCURE must quit and surrender the premises and do everything necessary to ensure continuity of care to CCMO patients receiving care at MHCC following termination of the MSA, including but not limited to, providing CCMO with access to all radiation oncology records in USCC/ONCURE’s possession, custody or control; CCMO has an allowable claim of at least $4,000,000 for pre-petition and postpetition compensatory damages for breach of the MSA and Sublease, fraud, and tortious actions described above as well as unliquidated attorneys’ fees and costs of approximately $200,000 as of August 29, 2017; and CCMO has an allowable claim for pre-petition and post-petition punitive damages arising from the fraud and tortious actions of USCC/ONCURE.”

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