Legal Opinion
In Re Health Management Ltd. Partnership
United States Bankruptcy Court, C.D. Illinois
Decided December 13, 2005No. 19-80258PublishedCited by 3 opinions
1Opinion of the Court
OPINION
LARRY LESSEN, Bankruptcy Judge.
The issue before the Court is whether Blue Cross’ recovery of overpayments for pre-petition advances from post-petition obligations constitutes recoupment, which is not barred by the automatic stay of 11 U.S.C. § 362, or setoff, which is barred by the automatic stay.
The Debtor, Health Management Limited Partnership (“Health Management”), operated a hospital on the south side of Springfield, Illinois, under the name “Doctors Hospital” for a number of years. Health Management had a contractual relationship with Blue Cross Blue Shield of Illinois, a division…
2Cases cited14 opinions
- Reiter v. CooperSupreme Court of the United States · 1993
- In Re: Tlc Hospitals, Inc., a California Corporation, Debtor. Charles Sims v. United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 2000
- United States v. Consumer Health Services of America, Inc. And Roger Schlossberg, TrusteeCourt of Appeals for the D.C. Circuit · 1997
- Holyoke Nursing Home, Inc. v. Health Care Financing AdministrationCourt of Appeals for the First Circuit · 2004
- Moratzka v. Visa U.S.A. (In Re Calstar, Inc.)United States Bankruptcy Court, D. Minnesota · 1993
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3Cited by3 opinions
- In re ProchnowUnited States Bankruptcy Court, C.D. Illinois · 2011
- In re Cranberry Growers Coop.United States Bankruptcy Court, W.D. Wisconsin · 2018
- United States v. PetersonDistrict Court, C.D. Illinois · 2010