In Re Healthback, L.L.C.
United States Bankruptcy Court, W.D. Oklahoma
1Opinion of the Court
MEMORANDUM OF LAW ON DEBTOR’S MOTION FOR THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES TO SHOW CAUSE WHY HER ACTIONS DO NOT VIOLATE THE AUTOMATIC STAY
RICHARD L. BOHANON, Bankruptcy Judge.
The Chapter 11 debtor, Healthback, L.L.C., has moved for an order determining that the actions of the Secretary of the Department of Health and Human Services 1 violate the automatic stay of 11 U.S.C. § 362 and has requested that the Secretary be held in contempt. 2 The Secretary has responded and argues, essentially, that, pursuant to the Medicare Act, the bankruptcy court does not have…
2Cases cited38 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- McGee v. International Life InsuranceSupreme Court of the United States · 1957
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Frontiero v. RichardsonSupreme Court of the United States · 1973
- Heckler v. RingerSupreme Court of the United States · 1984
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3Cited by14 opinions
- Florida Agency for Health Care Administration v. Bayou Shores SNF, LLC (In Re Bayou Shores SNF, LLC)Court of Appeals for the Eleventh Circuit · 2016
- In Re AdamicUnited States Bankruptcy Court, D. Colorado · 2003
- Hunter v. Bank of New York (In Re Anderson)United States Bankruptcy Court, N.D. Ohio · 2001
- Holyoke Nursing Home, Inc. v. Health Care Financing Administration (In Re Holyoke Nursing Home, Inc.)United States Bankruptcy Court, D. Massachusetts · 2002
- Reeves v. Columbia Gas of Ohio (In Re Reeves)United States Bankruptcy Court, N.D. Ohio · 2001
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