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UNIVERSITY MEDICAL CENTER v. SULLIVAN

Civ. A. No. 89-0411.

122 B.R. 919 (1990)

In re UNIVERSITY MEDICAL CENTER v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services.

United States District Court, E.D. Pennsylvania.

December 28, 1990.

Attorney(s) appearing for the Case

Thomas Tropp, Mesirov, Gelman, Jaffe, Cramer & Jamieson, William Frey, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for University Medical Center.

Virginia Powel, Asst. U.S. Atty., Bevery Dennis, III, Office of the Gen. Counsel, Dept. of Health & Human Services, Richard Gorelick, David Bongiovanni, Joseph Simmons, Deputy in Charge of Bankruptcy Operations, Philadelphia, Pa., for Louis W. Sullivan.

OPINION

GAWTHROP, District Judge.

This is an appeal by the Secretary of Health and Human Services from a ruling of the bankruptcy court in which the bankruptcy judge found that the Secretary violated the automatic stay provision of the bankruptcy code by acting post-petition to recover pre-petition overpayment made under the Medicare program to the University Medical Center. The Secretary also appeals the bankruptcy court's award of attorneys fees and prejudgment...

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