Legal Opinion

Carematrix Corp. ex rel. Carematrix of Needham, Inc. v. Division of Medical Assistance

Massachusetts Superior Court

Decided July 28, 2003No. 023614BLSPublished

1Opinion of the Court

van Gestel, J.

This matter is before the Court on cross motions for summary judgment. At issue is the interplay between the effect of the automatic stay in bankruptcy and the difference between setoff and recoupment. At stake is about $500,000 that the Division of Medical Assistance (the “Division”) withheld from Medicaid payments it made to the debtor, CareMatrix Corporation (“CareMatrix”), after its bankruptcy was commenced.

BACKGROUND

Because the facts are essentially agreed to by the parties, the Court will not set out the usual detailed background exposition, but rather will include only a…

2Cases cited18 opinions

  1. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  2. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  3. Cassesso v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1983
  4. Hakim v. Massachusetts Insurers' Insolvency FundMassachusetts Supreme Judicial Court · 1997
  5. United States v. Nicolet, Inc. And Turner and Newall, Plc v. Turner & Newall Plc. Appeal of Nicolet, Inc. Appeal of Turner & Newall PlcCourt of Appeals for the Third Circuit · 1988

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API