Legal Opinion

In Re Family Health Services, Inc.

District Court, C.D. California

Decided July 8, 1992No. SACV 89-695-GLT, 89-696-GLT, 89-796-GLT, 89-898-GLT, 90-672-GLT and 90-682-GLTPublishedCited by 2 opinions

1Opinion of the Court

RULING ON APPEAL

GARY L. TAYLOR, District Judge.

In this bankruptcy appeal, the court holds that a health maintenance organization (“HMO”) licensed, regulated, and conducting business in a state as a domestic insurance company, constitutes a domestic insurance company under 11 U.S.C. § 109(b), and is not eligible for bankruptcy protection.

I. BACKGROUND

Debtor Maxicare Health Insurance Company and its 48 affiliates (collectively “Maxicare”), a nationwide HMO, serves as intermediary for private party enrollees seeking medical services, and medical care providers (doctors, hospitals, etc.).…

2Cases cited12 opinions

In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
Matter of Cash Currency Exchange, Inc., Debtors. Cash Currency Exchange, Inc. v. Donald C. Shine, ReceiverCourt of Appeals for the Seventh Circuit · 1985
In Re Roberts Farms, Inc.Court of Appeals for the Ninth Circuit · 1981
Health Maintenance Foundation v. System Board of Adjustment No. 94 Brotherhood of Railway, Airline & Steamship ClerksCourt of Appeals for the Ninth Circuit · 1982
Bankr. L. Rep. P 72,689 in Re Globe Investment and Loan Company, Inc., Debtor. Giovanni B. Magnoni v. Globe Investment and Loan Company, Inc.Court of Appeals for the Ninth Circuit · 1989

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3Cited by2 opinions

In the Matter of Estate of Medcare Hmo, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
In Re Alabama Symphony Ass'nUnited States Bankruptcy Court, N.D. Alabama · 1993