Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Deepening an existing split of circuits, the Fifth Circuit held that the recodification canon does not divest the bankruptcy court of subject matter jurisdiction to hear Social Security claims.
In a revised opinion on July 25 by Circuit Judge Edith Brown Clement, the Fifth Circuit joined the Ninth Circuit. On the other side of the fence, the Third, Seventh, Eighth and Eleventh Circuits held there is no bankruptcy or diversity jurisdiction over Social Security claims.
The issue is important because the same jurisdictional question looms over Medicare and Medicaid claims. As a result of the Eleventh Circuit’s opinion in Florida Agency for Health Care Administration v. Bayou Shores SNF LLC (In re Bayou Shores SNF LLC), 828 F.3d 1297 (11th Cir. July 11, 2016), the bankruptcy court, for example, lacks jurisdiction to force the government to continue funding a hospital or nursing facility that files a chapter 11 petition.
Related Stories
April 9, 2024
Title: The Alarming Rise of Identity Theft: A 2024 Perspective In recent years, the threat…
July 27, 2022
IRS Fresh Start Initiative Program, resolving IRS tax debts. Do You Need a Fresh Start…
June 9, 2022
IRS First Time Penalty Abatement – FTA The first-time penalty abatement (FTA) waiver is an…
March 26, 2022
If you filed a chapter 7 bankruptcy, look into filling IRS form 982 When you…
Posted in: Debt & Bankruptcy
March 26, 2022
DID SOMEONE FILE FOR UNEMPLOYMENT BENEFITS UNDER YOUR NAME? If you discover that someone has…
February 3, 2022
RICO suit, McKinsey In a decision last week, the Court of Appeals for the Second…
December 17, 2021
BEWARE OF USING MONEY FROM YOUR IRA OR 401(K) TO PAY DEBTS This can be…
Posted in: Debt & Bankruptcy
December 17, 2021
How to Spot Student Loan Scams. Things you can do to protect yourself. “Enroll now…
Posted in: Debt & Bankruptcy
April 9, 2024
Title: The Alarming Rise of Identity Theft: A 2024 Perspective In recent years, the threat…
July 27, 2022
IRS Fresh Start Initiative Program, resolving IRS tax debts. Do You Need a Fresh Start…
June 9, 2022
IRS First Time Penalty Abatement – FTA The first-time penalty abatement (FTA) waiver is an…
March 26, 2022
If you filed a chapter 7 bankruptcy, look into filling IRS form 982 When you…
Posted in: Debt & Bankruptcy
March 26, 2022
DID SOMEONE FILE FOR UNEMPLOYMENT BENEFITS UNDER YOUR NAME? If you discover that someone has…
February 3, 2022
RICO suit, McKinsey In a decision last week, the Court of Appeals for the Second…
December 17, 2021
BEWARE OF USING MONEY FROM YOUR IRA OR 401(K) TO PAY DEBTS This can be…
Posted in: Debt & Bankruptcy
December 17, 2021
How to Spot Student Loan Scams. Things you can do to protect yourself. “Enroll now…
Posted in: Debt & Bankruptcy