Augie Curtis
speaker
209 appearances
1 recordings
1 series
first heard Jul 2026
last heard 14 Jul
Augie Curtis’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Jul 2026 with 1.
Appearances
And so when somebody files bankruptcy, well, the bankruptcy court has jurisdiction, unlike these other courts.
As I said, there's a very complicated background for whether that is really the case or not.
The statutory history is very murky, and courts have disagreed.
In some courts, notably the Fifth Circuit, I would say, is
one that's very significant due to the number of bankruptcy cases that are filed in the Fifth Circuit, particularly in Texas.
Some courts have said, no, bankruptcy jurisdiction does exist.
So you come to the bankruptcy court and you can't, the government can't just say, this court has no jurisdiction to decide any Medicare disputes.
And that's a case called Henry Benjamin, which has been applied by other Fifth Circuit opinions afterwards.
But it basically deprives the government of that argument.
So in theory, you should be able to come to the court and say, we want you, bankruptcy judge, to resolve the question of whether we owe the government $12 million or, you know, et cetera, that sort of thing.
And the government can't keep you out of court.
That rule is also –
Pretty much applicable in the Ninth Circuit, so California, Oregon, etc.
It is maybe applicable in the Third Circuit, although there's some question about that.
The other circuits, though, it's not applicable, particularly the 11th, or probably not applicable.
The 11th is the only one where it is absolutely not applicable.
You cannot get jurisdiction using these arguments in the 11th Circuit.
Some other circuits, probably you can't either.
So in any case, the jurisdictional problem has been percolating for years.
I personally think the Supreme Court ought to deal with it, but we'll see if they ever take that up.
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