Legal Opinion

In the Matter of Estate of Medcare Hmo, Debtor-Appellant

Court of Appeals for the Seventh Circuit

Decided June 30, 1993No. 92-3988PublishedCited by 15 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

The issue in this appeal is whether a health maintenance organization (HMO) is a “domestic insurance company” and thus cannot be a debtor under the Bankruptcy Code pursuant to 11 U.S.C. § 109(b)(2) (1988). The district court held that HMOs are insurance companies under Illinois law and dismissed Medcare’s petition for chapter 11 relief for lack of subject matter jurisdiction. We affirm.

I

Medcare is a not-for-profit Illinois corporation licensed and operating since 1985 as an HMO under the Illinois Health Maintenance Organization Act, 215 ILCS 125/1 et seq. (1992) (HMO…

2Cases cited39 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Hines v. DavidowitzSupreme Court of the United States · 1941
  4. Perez. v. CampbellSupreme Court of the United States · 1971
  5. California Federal Savings & Loan Ass'n v. GuerraSupreme Court of the United States · 1987

34 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. American Bankers Insurance Company of Florida, and United States Fidelity & Guaranty Company v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company, and American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B.Court of Appeals for the Fourth Circuit · 1996
  2. Vernita L. Anderson v. Humana, Inc.Court of Appeals for the Seventh Circuit · 1994
  3. In Re ParkerUnited States Bankruptcy Court, N.D. Georgia · 2006
  4. In Re First Assured Warranty Corp.United States Bankruptcy Court, D. Colorado · 2008
  5. Matter of Liquidation of Medcare Hmo, Inc.Appellate Court of Illinois · 1997

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API