Three men had a vision to develop a sports complex in Middleton, Del. They formed a limited liability company called, fittingly, Delaware Sports Complex LLC (hereinafter “DSC”)[1].
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With the continuing uncertainty in health care markets, many health care providers (or those that represent health care providers) need to consider potential reorganization pitfalls. Since many of these providers (if not all) are Medicare participants, one important aspect of any reorganization strategy will be determining the role that the federal government will play.
A recent decision from a Texas bankruptcy court provides an important roadmap for health care debtors seeking to bind the Centers for Medicare and Medicaid Services (CMS) to confirmed chapter 11 plans. CMS is the federal agency that administers the Medicare program and, in cooperation with the various states, the Medicaid program.
The Affordable Care Act (ACA) has been a political lightning rod since its enactment in 2010. It has been the focus of numerous legal challenges in the courts and endless dispute in Congress.
Section 101(54) defines “transfer” to mean “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with[] (i) property; or (ii) an interest in property.”[1] But is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)?
Bankruptcy trustees have tested the limits of the § 546(e) safe harbor since its enactment. In case after case, the courts, with few exceptions, have expanded those limits — that is, perhaps, until now. On Monday, Nov. 6, 2017, the U.S. Supreme Court heard argument in the case of Merit Management Group LP v.
In 2015, the plaintiff, a credit card debt-holder in default, commenced Katherine Evans v. Portfolio Recovery Assocs. L.L.C.[1] in the U.S. District Court for the Northern District of Illinois against the defendant, a collection agency.
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The U.S. Bankruptcy Court for the Southern District of New York recently issued an opinion in an adversary proceeding (AP) in a chapter 11 bankruptcy case, In re Blue Dog at 399 Inc. v. BP 399 Park Avenue LLC, Adv. Pro. No. 15-01097-MEW (related to Main Case No. 15-10694) (Bankr. S.D.N.Y.
