Legal Opinion
P.K.R. Convalescent Centers, Inc. v. Commonwealth, Department of Medical Assistance Service (In Re P.K.R. Convalescent Centers, Inc.)
United States Bankruptcy Court, E.D. Virginia
Decided September 21, 1995No. 14-34376PublishedCited by 26 opinions
1Opinion of the Court
MEMORANDUM OPINION
DOUGLAS 0. TICE, Jr., Bankruptcy Judge.
Trial was held July 14, 1995, on the complaint of P.K.R. Convalescent Centers, Inc., and Emporia Health Investors, L.C., for declaratory judgment and injunctive relief. Plaintiffs seek an injunction against the Commonwealth of Virginia, Department of Medical Assistance Service, prohibiting DMAS from pursuing collections against a prospective purchaser of estate property after a sale is executed pursuant to 11 U.S.C. § 363(f). Plaintiffs allege that section 32.1-329 of the Virginia Code, which grants DMAS the authority to recapture…
2Cases cited17 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
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3Cited by26 opinions
- Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
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- Folger Adam Security, Inc. v. Dematteis/Macgregor, JvCourt of Appeals for the Third Circuit · 2000
- In Re Chrysler LLCCourt of Appeals for the Second Circuit · 2009
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