Legal Opinion

In Re Metropolitan Hospital

United States Bankruptcy Court, E.D. Pennsylvania

Decided February 14, 1990No. 18-17809PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

Two motions, raising similar issues, are now before me. The Secretary of Health and Human Services has filed a motion jointly with the official committee of unsecured creditors requesting that the automatic stay be lifted so that postpetition actions taken by HHS to reduce a prepetition medicare overpayment would be validated. The United States, on behalf of the Health Care Financing Administration (HCFA), also seeks relief from the stay to offset against this same prepetition medicare overpayment part of a postpetition payment due the debtor…

2Cases cited49 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  3. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  4. United States v. City of New BritainSupreme Court of the United States · 1954
  5. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984

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3Cited by8 opinions

  1. In Re StoeckerUnited States Bankruptcy Court, N.D. Illinois · 1992
  2. Visiting Nurse Ass'n of Tampa Bay v. Sullivan (In Re Visiting Nurse Ass'n of Tampa Bay)United States Bankruptcy Court, M.D. Florida · 1990
  3. Commercial National Bank v. Seubert & Associates, Inc.Superior Court of Pennsylvania · 2002
  4. In Re Metropolitan HospitalDistrict Court, E.D. Pennsylvania · 1991
  5. Lambert v. Callahan (In Re Lambert Oil Co.)District Court, W.D. Virginia · 2006

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