Legal Opinion
Psychotherapy & Counseling Center, Inc. v. Shalala (In Re Psychotherapy & Counseling Center, Inc.)
District Court, District of Columbia
Decided May 15, 1996No. Bankruptcy No. 94-005. Adv. No. 95-53PublishedCited by 2 opinions
1Opinion of the Court
DECISION ON MOTION TO DISMISS
S. MARTIN TEEL, Jr., Bankruptcy Judge.
This matter is before the court on the motion to dismiss filed by the defendant, Donna Shalala, Secretary of the Department of Health and Human Services (“HHS”). For reasons explained below, the motion to dismiss will be denied.
The claim which HHS moves to dismiss is a preference claim under 11 U.S.C. §§ 547 and 550 by Psychotherapy and Counseling Center, Inc. (“debtor”), which is asserted in reliance upon the Deprizio doctrine. See Levit v. Ingersoll Rand Financial Corp. (In re Deprizio Construction Co.), 874 F.2d 1186 (7th…
2Cases cited29 opinions
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- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
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3Cited by2 opinions
- Alberts v. HCA Inc. (In Re Greater Southeast Community Hospital Corp. I)District Court, District of Columbia · 2006
- Ragsdale v. Bank South, N.A. (In Re Whitacre Sunbelt, Inc.)United States Bankruptcy Court, N.D. Georgia · 1997