Legal Opinion

Wayne Manor, Inc. v. Department of Public Welfare (In Re Wayne Manor, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided July 15, 1988No. 19-10810Published

1Opinion of the Court

MEMORANDUM ON TURNOVER

HAROLD LAVIEN, Bankruptcy Judge.

The debtor, Wayne Manor, Inc., a nursing home, seeks to compel the Massachusetts Department of Public Welfare (“Department”) to turn over $26,138.46. The Department withheld these funds from the monies it disbursed to the debtor prepetition to pay for the care of Medicaid recipients residing at the debtor’s facility.

The strange history of this case started before 1981 when James D. Regan owned five nursing homes including Maregan Manor and Stadium Manor. On October 23, 1981, the debtor purchased the assets of Maragan Manor, Inc.

After the…

2Cases cited17 opinions

  1. Hans v. LouisianaSupreme Court of the United States · 1890
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
  4. Parden v. Terminal Railway of Alabama State Docks DepartmentSupreme Court of the United States · 1964
  5. Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988

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