Legal Opinion
Bello v. Azar (In re Bello)
United States Bankruptcy Court, E.D. Michigan
Decided December 20, 2018No. Case No. 18-30456-dof; Adversary Proceeding Case No. 18-3042-dofPublishedCited by 1 opinion
1Opinion of the Court
Daniel S. Opperman, United States Bankruptcy Judge
The Plaintiff, Josephine C. Bello, M.D., PLC ("Plaintiff"), filed this adversary proceeding seeking the turnover of funds held by Defendants, Alex Azar, the Secretary of the United States Department of Health and Human Services, the Centers for Medicare and Medicaid Services, and the Wisconsin Physicians Service ("Defendants")1 by virtue of certain recoupment rights claimed by Defendants. Defendants seek dismissal of Plaintiff's complaint because this Court lacks jurisdiction in that Plaintiff has not exhausted its administrative remedies.…
2Cases cited18 opinions
- Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
- Shalala v. Illinois Council on Long Term Care, Inc.Supreme Court of the United States · 2000
- MIDLAND PSYCHIATRIC ASSOCIATES, INC., Appellant, v. UNITED STATES of America; Mutual of Omaha Insurance Company, AppelleesCourt of Appeals for the Eighth Circuit · 1998
- In Re Town & Country Home Nursing Services, Inc.Court of Appeals for the Ninth Circuit · 1992
- Cathedral Rock of North College Hill, Inc., D/B/A Beechknoll Convalescent Center v. Donna E. Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 2000
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3Cited by1 opinion
- Advanced Tissue, LLCUnited States Bankruptcy Court, E.D. Arkansas · 2023