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16-17463 - Gardens Regional Hospital and Medical Center, Inc.

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16-17463 - Gardens Regional Hospital and Medical Center, Inc.
May 15, 2017
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Memorandum Of Decision Finding That The Debtor Is Not Required To Obtain The Consent Of The California Attorney General To Sell The Assets Of A Closed Hospital (BNC-PDF) (Related Doc # 706) Signed on 5/15/2017 (Lomeli, Lydia R.) (written opinion - for formal publication) Modified on 5/15/2017 (Lomeli, Lydia R.).
June 21, 2017
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Memorandum Of Decision Finding That The Principle Of Equitable Recoupment Entitled The State Of California To Withhold Certain Post-Petition Payments Owed To The Debtor To Recover Pre-Petition Debt. Conclusion: The doctrine of equitable recoupment allowed DHCS to withhold a percentage of the Supplemental HQA Payments and Medi-Cal Payments it owed to the Debtor, for the purpose of recovering unpaid HQA Fees. Accordingly, the Debtor's motion to compel DHCS to turnover the withheld funds is denied. (BNC-PDF) (Related Doc # 767) Signed on 6/21/2017 (Lomeli, Lydia R.)
July 6, 2017
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Memorandum Of Decision Granting Debtor's Motion To Strike. The Court finds that the conversations between Mr. Ahlholm and Mr. Walton on May 5, 6, and 8, 2017 were 'compromise negotiations' within the meaning of FRE 408. The portions of the Ahlholm Declaration that describe the contents of those conversations are stricken from the record. The Court will enter an order consistent with this Memorandum of Decision. (BNC-PDF) (Related Doc # 803) Signed on 7/6/2017 (Lomeli, Lydia R.)
September 25, 2017
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Judicial Opinion re Memorandum Of Decision Denying The Department Of Healthcare Services' Motion For Allowance Of An Administrative Priority Claim. Conclusion: Because the HQA Fees do not qualify as a tax for bankruptcy purposes, DHCS is not entitled to an administrative claim pursuant to ยง503(b)(1)(B)(i). Even if the HQA Fees did qualify as a tax, DHCS would still not be entitled to an administrative claim, since any claim DHCS may have on account of the Debtors unpaid HQA Fee obligation arose prepetition re 874 (BNC-PDF) Signed on 9/25/2017. (Lomeli, Lydia R.)