Legal Opinion

In Re South Park Care Associates, Inc.

United States Bankruptcy Court, W.D. Missouri

Decided October 18, 1996No. 17-61308PublishedCited by 2 opinions

1Opinion of the Court

Memorandum Opinion

ARTHUR B. FEDERMAN, Bankruptcy Judge.

Creditor Health Care Financing Administration (“HCFA”) moved this Court to approve setoff of a prepetition overpayment by HCFA against a prepetition underpayment which resulted from the granting by HCFA of debtor’s request for a cost limit exception. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I find that HCFA’s right of setoff survived the confirmation and modification of debtor South Park Care…

2Cases cited12 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.Court of Appeals for the Ninth Circuit · 1992
  3. Edmonds v. StrattonMissouri Court of Appeals · 1970
  4. Winter v. Glaze (In Re Glaze)United States Bankruptcy Court, D. Arizona · 1994
  5. Buchweiser v. Estate of LabererSupreme Court of Missouri · 1985

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In Re PaceUnited States Bankruptcy Court, W.D. Missouri · 2000
  2. In Re Ronnie Dowdy, Inc.United States Bankruptcy Court, E.D. Arkansas · 2004

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