MATTER OF ESTATE OF MEDCARE HMO

No. 92-3988.

998 F.2d 436 (1993)

In the Matter of ESTATE OF MEDCARE HMO, Debtor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 30, 1993.


Attorney(s) appearing for the Case

Barry B. Gross (argued), C. Yunkis, Cary E. Dunham, Shefsky & Froelich, William F. Dolan, Bickel & Brewer, Chicago, IL, for appellees.

Geoffrey Slaughter, James A. Stempel, Kirkland & Ellis, Pamela S. Hollis, Donald E. Johnson (argued), Kimberly M. Centella, Hollis & Johnson, Chicago, IL, for debtor-appellant.

James H.M. Sprayregen, Geoffrey Slaughter, James A. Stempel, Kirkland & Ellis, Chicago, IL, for amicus curiae Columbus-Cabrini Medical Center and Galen Hosp. Illinois, Inc. dba Humana Hospital — Michael Reese.

Mary Kay McCalla, Wm. Carlisle Herbert, Hopkins & Sutter, Chicago, IL, for amicus curiae Illinois Health Maintenance Organization Guaranty Assn.

William F. Dolan, Chicago, IL, for amicus curiae Loyola University of Chicago.

Before BAUER, Chief Judge, CUDAHY and KANNE, Circuit Judges.


CUDAHY, Circuit Judge.

The issue in this appeal is whether a health maintenance organization (HMO) is a "domestic insurance company" and thus cannot be a debtor under the Bankruptcy Code pursuant to 11 U.S.C. § 109(b)(2) (1988). The district court held that HMOs are insurance companies under Illinois law and dismissed Medcare's petition for chapter 11 relief for lack of subject matter jurisdiction. We affirm.

I.

Medcare is a not-for-profit Illinois...

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