In Re South Park Care Associates, Inc.
United States Bankruptcy Court, W.D. Missouri
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
- Johnson v. ZerbstSupreme Court of the United States · 1938
- 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
- Edmonds v. StrattonMissouri Court of Appeals · 1970
- Winter v. Glaze (In Re Glaze)United States Bankruptcy Court, D. Arizona · 1994
- Buchweiser v. Estate of LabererSupreme Court of Missouri · 1985
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3Cited by2 opinions
- In Re PaceUnited States Bankruptcy Court, W.D. Missouri · 2000
- In Re Ronnie Dowdy, Inc.United States Bankruptcy Court, E.D. Arkansas · 2004