Legal Opinion

Massachusetts v. Dartmouth House Nursing Home, Inc. (In Re Dartmouth House Nursing Home, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided September 30, 1982No. 19-10634PublishedCited by 41 opinions

1Opinion of the Court

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

The debtors, Erlin Manor Nursing Home, Inc. (Erlin Manor), St. John’s Nursing Home, Inc, (St. John’s) and Darmouth House Nursing Home, Inc. (Darmouth) filed voluntary petitions under Chapter 11 (Reorganization) of Title 11 of the United States Code, 11 U.S.C. Section 101 et seq. (The Bankruptcy Code) on December 31, 1981.

The Plaintiff, Commonwealth of Massachusetts, by its Department of Public Welfare (Welfare), commenced this adversary proceeding seeking declaratory judgment as to its right to make setoffs of the current monthly medicaid payments…

2Cases cited18 opinions

  1. Perez. v. CampbellSupreme Court of the United States · 1971
  2. In the Matter of the Bohack Corporation, Debtor-In-Possession. The Bohack Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1979
  3. In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
  4. In Re Applied Logic Corporation, Bankrupt. New Jersey National Bank v. Daniel Gutterman, as Trustee of Applied Logic Corporation, BankruptCourt of Appeals for the Second Circuit · 1978
  5. United States v. Whiting Pools, Inc.Court of Appeals for the Second Circuit · 1982

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3Cited by41 opinions

  1. Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
  2. Boston and Maine Corporation v. Chicago Pacific CorporationCourt of Appeals for the Seventh Circuit · 1986
  3. Sapir v. Blue Cross/Blue Shield of Greater New York (In Re Yonkers Hamilton Sanitarium Inc.)District Court, S.D. New York · 1983
  4. Mohawk Industries Inc. v. United States (In Re Mohawk Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
  5. Eckles v. Petco Inc., Interstate (In Re Balducci Oil Co.)United States Bankruptcy Court, D. Colorado · 1983

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