Legal Opinion

In Re Consumer Health Services of America, Inc.

District Court, District of Columbia

Decided August 5, 1994No. Bankruptcy 87-00168PublishedCited by 4 opinions

1Opinion of the Court

DECISION RE MOTION OF SECRETARY OF HEALTH AND HUMAN SERVICES RIGHT TO RECOUP

S. MARTIN TEEL, Jr., Bankruptcy Judge.

The Secretary of Health and Human Services (“Secretary”) has filed a motion requesting that the court affirm his right to make recoupment under a Health Insurance Benefits Agreement (“Provider Agreement”) with the Debtor and in the alternative, if this court deems it necessary, to grant the Secretary relief from the automatic stay to make such recoupment. The Trustee, Roger Schlossberg, has responded on the merits fully opposing the motion. 1 The court heard the parties argue the…

2Cases cited29 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  3. Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
  4. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  5. 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

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3Cited by4 opinions

  1. Photo Mechanical Services, Inc. v. E.I. DuPont De Nemours & Co. (In Re Photo Mechanical Services, Inc.)United States Bankruptcy Court, D. Minnesota · 1995
  2. St. Francis Physician Network, Inc. v. Rush Prudential HMO, Inc. (In Re St. Francis Physician Network, Inc.)United States Bankruptcy Court, N.D. Illinois · 1997
  3. First American Health Care of Georgia, Inc. v. United States Department of Health & Human Services Ex Rel. Shalala (In Re First American Health Care of Georgia, Inc.)United States Bankruptcy Court, S.D. Georgia · 1996
  4. S.N.A. Nut Co. v. Haagen-Dazs Co. (In Re S.N.A. Nut Co.)United States Bankruptcy Court, N.D. Illinois · 1996

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