Health Care Committee


Post date: Wednesday, July 01, 2009

Employers are now realizing that unfunded post-retirement medical liabilities can “break the bank.” The magnitude of unfunded retiree medical liabilities has increased dramatically and has become a significant item on the corporate balance sheets of many employers.

Post date: Wednesday, July 01, 2009

In In re Lane,( George Lane, et. Al v. Western Interstate Bancorp), 280 F.3d 663 (6th Cir. 2002), the Sixth Circuit Court of Appeals, following the direction of the U.S. Supreme Court’s decision in Nobleman v. American Savings Bank, 508 U.S. 324, 113 S.Ct.

Post date: Wednesday, July 01, 2009

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added a new provision regarding personal property leases, §365(p), which provides:

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.


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

Mr. Daniel I. Waxman
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

Ms. Kathleen Allare
Newsletter Editor
Perkins Coie LLP
Chicago, IL
(602) 909-4424

Ms. Samantha Ruben
Special Projects Leader
Dentons US LLP
Vernon Hills, IL
(847) 790-6473

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