Legal Opinion

Hiser v. Blue Cross of Greater Philadelphia (In Re St. Mary Hospital)

United States Bankruptcy Court, E.D. Pennsylvania

Decided August 23, 1988No. 14-16404PublishedCited by 26 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The several matters before us in this bankruptcy case, which has been problematical ever since its filing just a little over three months ago, 1 all revolve around the right of the federal Department of Health and Human Services (hereinafter referred to as “HHS”) to recoup pre-petition over-payments of Medicare reimbursements for services against post-petition Medicare advances and remittances otherwise payable to the Debtor hospital. This is an issue which has arisen in several other cases involving health providers, and the results and reasoning in…

2Cases cited50 opinions

  1. Perez. v. CampbellSupreme Court of the United States · 1971
  2. Rothensies v. Electric Storage Battery Co.Supreme Court of the United States · 1946
  3. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  4. In the Matter of West Electronics Inc. Appeal of United States of America, by the United States Air ForceCourt of Appeals for the Third Circuit · 1988
  5. In the Matter of Whitcomb & Keller Mortgage Co., Inc., Debtor. Data-Link Systems, Inc. v. Whitcomb & Keller Mortgage Co., Inc.Court of Appeals for the Seventh Circuit · 1983

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3Cited by26 opinions

  1. University Medical Center v. Sullivan (In re University Medical Center)Court of Appeals for the Third Circuit · 1992
  2. McLaughlin v. Fireman's Trust Mortgage Corp. (In Re McLaughlin)United States Bankruptcy Court, E.D. Pennsylvania · 1989
  3. TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  4. Hiser v. Neumann Medical Center, Inc. (In Re St. Mary Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  5. Reed v. Philadelphia Housing Authority (In Re Reed)District Court, E.D. Pennsylvania · 1988

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