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IN RE UNIVERSITY MEDICAL CENTER

Bankruptcy No. 88-00003S, Adv. No. 88-0838S.

93 B.R. 412 (1988)

In re UNIVERSITY MEDICAL CENTER, Debtor. UNIVERSITY MEDICAL CENTER and The Official Creditors' Committee, Plaintiffs, v. Otis BOWEN, Secretary of the United States Department of Health and Human Services and Blue Cross of Greater Philadelphia, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

December 7, 1988.

Attorney(s) appearing for the Case

Thomas H. Tropp, Philadelphia, Pa., for debtor.

Virginia Powel, Asst. U.S. Atty., Philadelphia, Pa., for Bowen.

David Bongiovanni, Philadelphia, Pa., for Blue Cross.

William G. Frey, Mark H. Gallant, Philadelphia, Pa., for Committee.

Richard Gorelick, Philadelphia, Pa., for Blue Cross.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

Before us are (1) A motion by the Secretary of the United States Department of Health and Human Services (hereinafter referred to as "HHS") seeking relief from the automatic stay in the above-captioned main bankruptcy case in order that it can recoup pre-petition Medicare overpayments to the Debtor-hospital against post-petition Medicare payments otherwise due to the Debtor; and (2) An adversary...

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