Portland Metro Health, Inc. v. Driscoll (In Re Portland Metro Health, Inc.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING DIS- ■ MISSAL OF CHAPTER 11 PETITION

DONAL D. SULLIVAN, Bankruptcy Judge.

The plaintiff filed a complaint against the Acting Insurance Commissioner for the State of Oregon to determine its eligibility for relief under Chapter 11 of the Bankruptcy Code. Plaintiff contended that it is a “health maintenance organization” and as such is not within 11 U.S.C. § 109(b)(2) and (d), which excludes a “domestic insurance company” from eligibility for relief under the Code. The Insurance Commissioner responded by moving to dismiss the bankruptcy petition.…