Michelle Harner, Professor of Law at the University of Maryland Francis King Carey School of Law, discusses recent developments in health care bankruptcy with Jason Brookner (Gray Reed & McGraw LLP; Dallas) and Perry Mandarino (B. Riley & Co.; New York).
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Health Care Bankruptcies from the Government's Perspective
Health care bankruptcies impose life-and-death consequences on the public at large, prompting the U.S. Trustee and state and federal entities to take a more active posture in order to fill this void.
16:50Stigma Surrounding Personal Bankruptcy?
Has the stigma surrounding personal bankruptcy increased, not decreased?
Health Diagnostic Laboratory, Inc.: Must a Liquidating Trustee Be Disinterested?
Although a liquidating trustee’s actions are restricted by a confirmed plan, Arrowsmith functioned as chief restructuring officer while the future confirmed plan was in the works.
Navigating Health Care Insolvencies
Health care insolvency cases are unique creatures, involving unique statutes and inherent unpredictability. The only certainty in a health care case is that there will be uncertainty.
Privacy Protection and Data Security in Health Care-Related Bankruptcies
Among the most important considerations in any bankruptcy case, protecting privacy and safeguarding data becomes exponentially more complex in cases involving health care institutions.
The Implications and Effects of Filings for Health Care Businesses
Professionals in health care restructurings need to ensure strong lines of communication with payers, regulators and licensing bodies for speedy resolution, or a business's value can deteriorate.
24:43Current State of Consumer Bankruptcy Law, Most Litigated Consumer Issues
ABI Deputy Executive Director Amy Quackenboss talks with David Cox of Cox Law Group and Elizabeth Gunn of the Office of the Virginia Attorney General about their new consumer book.
Bankruptcy Sales of Health Care Provider Assets Free and Clear of FCA Liabilities
When a hospital is faced with significant False Claims Act (FCA) liabilities, a sale to a new provider is often the only viable option to keep the hospital operating as a going concern.
VOLO: Khan v. Xenon Health, LLC
Khan withdrew his proof of claim so he is not a party in interest and has no standing to object to Xenon Health’s proof of claim.
Treatment of HIPAA-Protected Information in Bankruptcy Acquisitions of Distressed Health Care Companies
By making previously undesirable and worthless companies valuable, the Bankruptcy Code maximizes value, maintains the distressed business as a going concern, and produces recoveries to creditors where
Buying a Failing Health Care Company (Or Getting Rid of One)
An excerpt from ABI Health Care Insolvency Manual detailing the purchase or sale of a troubled health care company.
17:04Has the Affordable Care Act Created More Health Care Bankruptcies?
ABI Editor at Large Bill Rochelle talks with Suzanne Koenig of SAK Management Services about the ailing health care industry and the Affordable Care Act.
Sale of a Nonoperating Hospital Doesn’t Require State Approval
Attorney General’s oversight was avoided by shutting down a nonprofit hospital.
Davis v. Belloc (In re Regional Care Services Corp.)
9th Circuit BAP affirmed order of the bankruptcy court denying reconsideration under FRCP 59(e) of its allowance of a late-filed proof of claim and granting of relief from stay.
59:00Who Pays the Cost of Health Care?