Legal Opinion
Sullivan v. Town & Country Home Nursing Services, Inc.
Court of Appeals for the Ninth Circuit
Decided December 24, 1991No. 90-55621PublishedCited by 18 opinions
1Opinion of the Court
GOODWIN, Circuit Judge:
The Secretary of Health and Human Services appeals the judgment of the Bankruptcy Appellate Panel reversing the bankruptcy court’s decision in an adversary proceeding brought by debtor Town & Country Home Nursing Services, Inc. (“T & C”). Because we agree with the BAP that the government waived sovereign immunity under 11 U.S.C. § 106(a) by offsetting against T & C’s assets after T & C had filed a Chapter 11 petition, we affirm.
FACTS AND PROCEEDINGS BELOW
A. Statutory and Regulatory Background
T & C is a provider of in-home nursing services under the Medicare Act, 42…
2Cases cited24 opinions
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Noonan v. Secretary of Health & Human ServicesCourt of Appeals for the First Circuit · 1997
- In Re Town & Country Home Nursing Services, Inc.Court of Appeals for the Ninth Circuit · 1992
- Florida Agency for Health Care Administration v. Bayou Shores SNF, LLC (In Re Bayou Shores SNF, LLC)Court of Appeals for the Eleventh Circuit · 2016
- Benjamin v. United States (In Re Benjamin)Court of Appeals for the Fifth Circuit · 2019
- Official Committee of Unsecured Creditors of Operation Open City v. New York State Department (In Re Operation Open City, Inc.)District Court, S.D. New York · 1994
13 more not listed; retrieve them via the Exa API.