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 over the last 12 months — 1 in all, peaking in Jul 2026 with 1.

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AHLA's Speaking of Health Law · Distressed Health Care Providers—Key Restructuring Issues for 2026 · 14 Jul 2026 podcast

It's going to present some real problems for providers who are trying to seek bankruptcy protection and need to figure out if they owe the government anything.

So I don't know your thoughts on it, Sam, but I think it's a big knock and it's going to take some more litigation.

Okay.

Just to fill in a couple of thoughts on this too.

I think without really talking about the merits of the analysis, this complicated statutory analysis,

You know, I think that the bankruptcy courts – this is the first time a bankruptcy court has really looked at this, but I kind of feel that the government position is going to – it's not that they can't sustain it, but it's going to be difficult because I think ultimately –

This will throw a monkey wrench in bankruptcy cases, a big one for a lot of debtors.

And I personally have a lot of sympathy and affinity for government positions being so fresh out of the government, but I think there's no doubt, and even a government lawyer would probably tell you that

it's not gonna be an easy road for them to get other bankruptcy courts to agree to this.

I think they're just gonna have, they will stick to it, no doubt, but whether other bankruptcy courts agree with the decision is in doubt because it means so much.

I mean, ultimately,

it will cause huge problems for certain kinds of debtors in going through bankruptcy.

It may, in fact, make it virtually impossible for them to get through a case.

There are creative ways to do it.

Sam has done those in a lot of cases.

I've seen them on the other side.

You can try to estimate a claim, perhaps, to get your plan approved, but that has all kinds of legal hurdles.

The Bankruptcy Court can estimate the amount of the claim themselves,

of the government so that you can get a plan approved, but it creates, there's a whole hornet's nest.

I mean, will the plan be feasible?

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