Health Care Committee

Committees

Post date: Wednesday, July 01, 2009
Photo of William Andrew McNeal
William Andrew McNeal

The US Court of Appeals for the Ninth Circuit recently affirmed a bankruptcy court’s decision to dismiss a chapter 7 case pursuant to §707(b)(3) in In re Egebjerg.[1] The bankruptcy court concluded that the debtor’s loan from his §401(k) plan was a secured loan, repayment of which can be expensed pursuant to §707(b)(2)(A)(iii)

Post date: Friday, May 01, 2009

About the author: Peter Hartheimer serves as the lead principal in General Capital Partners LLC in its New York office.

Post date: Thursday, January 01, 2009

With state and local governments facing daunting financial challenges, chapter 9 for "government units" is becoming a more likely option. In California, state law permits communities to form "health care districts" that are authorized to issue bonds through public offerings and use the proceeds to establish health care facilities within the district.

Post date: Thursday, January 01, 2009

There is no question that the nursing home industry has been battered by bankruptcies and receiverships in recent years, sometimes resulting in the closing of the home. Many factors have impacted the financial viability of nursing homes, not the least of which is the fact that nursing homes depend on Medicare and Medicaid for most of their revenues.

Post date: Wednesday, October 01, 2008

Bankruptcy Code §363 asset sales are becoming an increasingly attractive method employed by companies in the health care industry to monetize assets. My firm has seen the impact in our own caseload with three diagnostic imaging facilities (DIFs) we are advising recently utilizing 363 sales.

Post date: Wednesday, October 01, 2008

Health Care Committee Members Paul Rundell and Bobby Guy advise of 10 jointly administered cases before the U.S. Bankruptcy Court for the Middle District of Tennessee (Middle District) in which the debtors prevailed over arguments by the U.S. Trustee for Region 8 (UST) to the effect that BAPCPA effectively eliminated national health care cases.

Post date: Tuesday, July 01, 2008

This article examines four 2008 patient care ombudsman cases. In re Bridgeport Holdings Inc., __ B.R. ___, 2008 WL 2235330 (Bankr. D. Del. May 30, 2008), is not a health care case, but it provides important warnings to the directors and officers of health care businesses considering sales of the business or its assets.

Post date: Tuesday, July 01, 2008

Waller Lansden Dortch & Davis, LLP (Waller Lansden), home to one of the United States' largest and most comprehensive healthcare law practices, conducted a survey of hospitals entitled "Hospital Investments in Competitiveness: Financing Options." Waller Lansden published the survey in the December issue of HealthLeaders.

Post date: Tuesday, July 01, 2008

"Hospital Insolvency: The Looming Crisis," a recent study by the Healthcare Industry Group of global professionals services firm Alvarez & Marsal, shows that more than half of U.S. hospitals are now technically insolvent or in danger of becoming insolvent. On that point, Matthew Marcos, Senior Director of the Alvarez & Marsal Healthcare Industry Group, states:

Post date: Tuesday, April 01, 2008

In three recent New Jersey chapter 11 hospital sales, the unsettled legal issues associated with attempts to assign a hospital’s HHS provider agreement and/or its National Provider Identifier (NPI) without assigning the liabilities stemming from those agreements and NPIs were either avoided or postponed, rather than litigated.

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Mr. Andrew C. Helman
Co-Chair
Dentons Bingham Greenebaum
Portland, ME
(207) 619-0919

Mr. Daniel I. Waxman
Co-Chair
KEWA Financial Inc.
Lexington, KY
(859) 233-0352

Mr. Robert M. Schechter
Communications Manager
Porzio, Bromberg & Newman, P.C.
Morristown, NJ
(973) 889-4127

Mr. Brian Bonaviri
Education Director
Grant Thornton LLP
Charlotte, NC


Mr. Adam T. Berkowitz
Newsletter Editor
Garfunkel Wild, PC
Great Neck, NY
(516) 393-2502

Ms. Cynthia Romano, Esq.
Special Projects Leader
CohnReznick LLP
New York, NY
(617) 970-7383

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