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Thursday, September 23, 2004
Indiana Decisions - 7th Circuit posts one (so far) today
Meyer Medical Physicians Group v. Health Care Services Corp. (ND Ill.)
Before CUDAHY, COFFEY, and ROVNER, Circuit Judges.
ROVNER, Circuit Judge. After Meyer Medical Physicians Group, Ltd. (“Meyer”) filed a voluntary petition for relief under Chapter 11, the bankruptcy court granted a motion by a creditor, Health Care Service Corporation d/b/a HMO Illinois (“HCSC”), to effectuate a setoff of approximately $1.3 million against amounts owed by Meyer. The district court affirmed the bankruptcy court’s discretionary decision, and Meyer appeals. * * *Because we conclude that the district court properly affirmed the bankruptcy court’s decision to allow HCSC to exercise its right of setoff under § 553(a) of the Bankruptcy Code, we decline to reach the issue of recoupment. AFFIRMED.
Posted by Marcia Oddi on September 23, 2004 11:06 AM
Posted to Indiana Decisions