Legal Opinion

In Re Heffernan Memorial Hospital District

United States Bankruptcy Court, S.D. California

Decided January 16, 1996No. 19-00432PublishedCited by 14 opinions

1Opinion of the Court

AMENDED MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

The United States Department of Health and Human Services (“HHS”), which through its component, the Health Care Financing Administration (“HCFA”), administers the Federal Health Insurance for the Aged and Disabled program (“Medicare”), moves this Court for an order that it may apply outstanding payments for pre-petition claims submitted by the Debtor to reduce the Debt- or’s outstanding pre-petition overpayment, in accordance with Medicare’s statutes and regulations, the common law right of recoupment, and 11 U.S.C. § 553.

This…

2Cases cited15 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  3. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  4. In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
  5. In the Matter of Alden D. Holford, Debtor. Alden D. Holford v. Melvin Lane Powers A/K/A Mel Powers and Mel Powers D/B/A Mel Powers Investment BuilderCourt of Appeals for the Fifth Circuit · 1990

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3Cited by14 opinions

  1. Aetna U.S. Healthcare, Inc. v. Madigan (In Re Madigan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  2. Matter of GaitherUnited States Bankruptcy Court, S.D. Ohio · 1996
  3. AHN Homecare, L.L.C. v. Home Health Reimbursement & Health Care Financing Administration (In re AHN Homecare, L.L.C.)United States Bankruptcy Court, N.D. Texas · 1998
  4. A & C Electric Co. v. Meade Electric Co. (In Re a & C Electric Co.)United States Bankruptcy Court, N.D. Illinois · 1997
  5. Holyoke Nursing Home, Inc. v. Health Care Financing Administration (In Re Holyoke Nursing Home, Inc.)United States Bankruptcy Court, D. Massachusetts · 2002

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