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Intersection between Medicare and state Medicaid regulatory schemes and bankruptcy proceedings is source of bankruptcy litigation. Debate is if provider agreements are executory contracts or statutory entitlements which debtor is authorized to sell under Bankruptcy Code.
The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start"...
The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool...
In its 2019 decision in Mission Product Holdings Inc. v. Tempnology LLC, the U.S. Supreme Court resolved a circuit split concerning the effect of contract rejection under Section 365 of...