Legal Opinion

Mann v. New Mexico Medical Foundation (In re Caraway)

United States Bankruptcy Court, D. New Mexico

Decided July 7, 1986No. Bankruptcy No. 7-85-00658 R A; Adv. No. 86-0024 RPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

STEWART ROSE, Bankruptcy Judge.

This adversary proceeding was brought by the trustee to recover preferences pursuant to 11 U.S.C. 547. At the pre-trial conference, the parties agreed that there was no material dispute as to the facts and therefore submitted memorandum briefs in support of their respective positions.

The defendants are medical providers. The debtor, Mrs. Caraway, received medical and hospitalization services from the defendants. At the time of the services, she was covered by a medical and hospitalization insurance policy and executed the following document:

I…

2Cases cited9 opinions

  1. Kelly Health Care, Inc. v. Prudential Insurance Co. of America, Inc.Supreme Court of Virginia · 1983
  2. In Re MoskowitzUnited States Bankruptcy Court, S.D. New York · 1981
  3. State Farm Mutual Insurance v. St. Joseph's HospitalArizona Supreme Court · 1971
  4. Benton v. Albuquerque National BankNew Mexico Court of Appeals · 1985
  5. Central Collection v. Columbia MedicalCourt of Appeals of Maryland · 1984

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3Cited by1 opinion

  1. Wells Fargo Rail Corporation v. Black Iron, LLCUnited States Bankruptcy Court, D. Utah · 2019

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