Legal Opinion
In Re Yonkers Hamilton Sanitarium Inc.
United States Bankruptcy Court, S.D. New York
Decided August 13, 1982No. 19-22578PublishedCited by 75 opinions
1Opinion of the Court
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The defendant, the United States of America, Department of Health and Human Services (the government) urges the application of the doctrine of recoupment as a defense to this action by the trustee in bankruptcy of Yonkers Hamilton Sanitarium, Inc., d/b/a Yonkers Professional Hospital, to recover alleged preferential transfers made by the debtor to the government pursuant to an agreement with the government’s fiscal intermediary, Blue Cross/Blue Shield of Greater New York, that called for the recapture of Medicare funds already received by the debtor due…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- United States v. James v. Aquavella and Salmon C. HarveyCourt of Appeals for the Second Circuit · 1980
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- United States v. Erika, Inc.Supreme Court of the United States · 1982
- In Re Monongahela Rye Liquors, Inc.Court of Appeals for the Third Circuit · 1944
15 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- In the Matter of Arthur D. And Patricia Newcomb, Debtors. Thomas J. Carlson, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1984
- Sapir v. Blue Cross/Blue Shield of Greater New York (In Re Yonkers Hamilton Sanitarium Inc.)District Court, S.D. New York · 1983
- University Medical Center v. Sullivan (In re University Medical Center)Court of Appeals for the Third Circuit · 1992
70 more not listed; retrieve them via the Exa API.