SIMS v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. C 98-564 CRB.

225 B.R. 709 (1998)

Charles SIMS, Appellee, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellant. In re TLC HOSPITALS INC., Debtor.

United States District Court, N.D. California.

June 18, 1998.


Attorney(s) appearing for the Case

Timothy W. Hoffman, Abbey, Weitzenberg, Kelly, Nadler, Hoffman & Emery, Santa Rosa, CA, for Charles Sims.

Victoria E. Young, Assistant U.S. Attorney, U.S. Attorney's Office, San Francisco, CA, for United States Dept. of HHS.


ORDER

BREYER, District Judge.

The United States Department of Health and Human Services ("HHS"), which through its component, the Health Care Financing Administration ("HCFA"), operates the Federal Health Insurance for the Aged and Disabled program (hereinafter "Medicare"), appeals from a portion of the bankruptcy court's judgment. The bankruptcy court precluded HHS from applying the doctrine of recoupment to recover outstanding pre-bankruptcy petition overpayments...

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