Samuel Maizel
speaker
228 appearances
1 recordings
1 series
first heard Jul 2026
last heard 14 Jul
Samuel Maizel’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
Even though there was controlling circuit court precedent in the Third Circuit, in the Eleventh Circuit, in the Ninth Circuit, that it wasn't a contract, bankruptcy courts and bankruptcy practitioners continue to treat it as a contract in bankruptcy.
In a case called In re Verity, in the context of disputing a Medicaid
provider agreement transfer.
The bankruptcy court issued a ruling and then around exactly the same time in a case on the East Coast, bankruptcy court addressed the same issue with regard to the Medicare provider agreement and both held that they weren't contracts.
And they did so in the Medicaid decision in Verity, and I'm mostly familiar with that because it was one of my cases.
The court went through the fact that outside of bankruptcy courts, the Ninth Circuit had held that both the Medicaid provider agreement and the Medicare provider agreements did not create contractual relationships, that nothing about filing a bankruptcy should transform the agreement into a contract if it wasn't won.
And the implication here is huge.
Because inside a bankruptcy, if I'm transferring a contract, again, I have to do it under section 365 of the bankruptcy code, which means I have to cure existing defaults.
I have to transfer it with its obligations to the buyer.
If I can sell the asset under section 363,
as a license effectively, then I can sell it without successor liability and to transfer a Medicare or Medicaid provider agreement without successor liability is a real change between bankruptcy inside of bankruptcy and outside of bankruptcy.
So this is really an area where, um,
You know, we haven't seen a lot of litigation since the ruling in Verity.
Augie, and then after Augie left, other lawyers at DOJ have worked to kind of deal with the decision issue.
Because look, there are way more decisions outside of bankruptcy where this is an important concept.
So the government, if it's forced to choose between is it a contract or isn't it a contract, they're going to stay with the it isn't a contract because it affects much more money outside of bankruptcy than inside of bankruptcy.
So now what we've seen in cases...
in Texas, three major cases, Steward, Prospect, and Genesis, that were filed in the last couple years, three major healthcare bankruptcies.
We've seen the government's argument transform a little bit.
So they haven't officially retreated from the it's a contract position, but they are negotiating on different grounds, arguing more that even if it's a statutory entitlement or government license,
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