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.
Trend
recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Jul 2026 with 1.
Appearances
They've got lots of other things to do.
But the Fifth Circuit is where the interesting sort of percolation is going on.
And I think that I've been involved in some of those arguments before I left EOJ.
Sam has certainly been involved in them.
But the question there is whether that jurisdictional rule means that everything can be decided in the bankruptcy court or whether a separate part of that same statute means that you still have to exhaust administrative remedies if there's an administrative process to be gone through.
In other words, if you have a dispute,
which outside of bankruptcy would require you to go through the administrative courts, and that typically is going to be disputes over overpayments and that sort of thing, a monetary dispute, which very often do go through those courts.
If you have that kind of an administrative right or administrative obligation outside of bankruptcy, then the bankruptcy courts ought to stay back and let that administrative process work itself out before they take any kind of jurisdiction over a dispute.
Now, as Sam will tell you, I am sure
With steam coming out of his ears, the problem with that is that that takes you about half of your lifetime to go through.
The administrative courts are notorious in Medicare for taking forever.
And in Chapter 11, who has the time to spend five years deciding in an administrative court whether they owe the government money or not?
The bankruptcy courts don't move like that.
They try to move much faster than that.
So there's been an issue about that.
Nobody had really made a decision on it up until a very recent decision, which Sam and I have been talking about a little bit before the podcast in the Prospect Medical Group case in the Northern District of Texas.
And Judge Jernigan, who reviewed just that argument by the government and decided in the government's favor, said essentially that
The Benjamin opinion only applies where there's really no administrative appeal process.
Otherwise, you have to go through that administrative appeal, get to the conclusion before the bankruptcy court should weigh in on the results.
I think it's a significant decision.
Showing 61–80 of 209 · page 4 of 11
← Previous
Next →