of Eric L. Cianchette at ¶¶ 6, 11 (Docket No. 4).
The evidentiary hearing held before the Bankruptcy Court on December 27, 1989 which resulted in Judge Goodman's order consisted of testimony by two witnesses presented by Debtor. Peter Keim is a hospitality industry consultant who was admitted as an expert witness. Transcript at 12-13, Exhibit A. Eric Cianchette is a "Maine partner" in Debtor and Debtor's president. Id. at 49. Keim testified to the importance of an expanded conference facility to the Regency Hotel's financial health. Keim supported his analysis with "lost business reports" which identified some of the event business purportedly lost to the Regency due to the insufficiency of its facilities. See Transcript at Exhibit D. Keim also projected the increased revenue and attendant improved valuethe proceeds of a judgment or settlement in the victim's favor, the hospital is entitled to receive "the amount of its lien claimed in the notice," with the sole restriction that no more than 50 percent of the judgment or settlement proceeds shall be diverted from the victim to satisfy the lien.
On the other hand, if the lien is dishonored when such proceeds are disbursed, the payor is liable to the hospital for "the amount of its lien claimed in the notice which the hospital was entitled to receive as payment for the medical care and services rendered to the injured person." (Former § 3045.4, italics added.) The majority ignore the italicized modifying words. When those words are considered, the phrase "was entitled to receive," which the majority