The primary function of a bankruptcy Trustee is to marshal the assets of a bankrupt debtor's estate to pay the creditors of the bankrupt debtor. This The primary function of a bankruptcy Trustee is to marshal the assets of a bankrupt debtor’s estate to pay the creditors of the bankrupt debtor. This function is generally accomplished by identifying assets of the estate, negating debts, and/or by avoiding prior transfers improperly made to creditors via lawsuits within the bankruptcy known as Adversary Proceedings. In such proceedings, the Trustee may initiate suit against a person or entity to recover payments made to such person or company up to ... Continue Reading
Recent Developments On MSAs, The Moving Targets
In the history of the DEF Journal, there have been many articles about the many aspects of Medicare Set-Aside Trusts ("MSAs"). In the history of the DEF Journal, there have been many articles about the many aspects of Medicare Set-Aside Trusts (“MSAs”). But in the last year, we have seen more changes to MSAs by the Centers for Medicaid and Medicare Services (“CMS”) than ever before, and it seems more and more impossible to settle cases. Before we discuss the changes, we need to refresh the basics, such as when an MSA is needed, since this is often ... Continue Reading
Obesity: Supersizing Workers’ Compensation Costs
We all know that being overweight is bad for an individual on many levels. Obesity can lead to poor self-esteem, depression, and social isolation. The Centers for We all know that being overweight is bad for an individual on many levels. Obesity can lead to poor self-esteem, depression, and social isolation. The Centers for Disease Control (“CDC”) reports that being overweight or obese increases the risk of acquiring numerous health conditions and diseases such as hypertension, Type II diabetes, osteoarthritis, high cholesterol, and coronary artery disease -- to name just a few. In addition, a recent study in the Journal of Occupational and ... Continue Reading
Bradley V. Sebelius – A Victory In The Fight Against Medicare Conditional Payments
On September 29, 2010, The United States Court of Appeals, 11th Circuit, issued a potentially important decision in the ongoing struggle against Medicare On September 29, 2010, The United States Court of Appeals, 11th Circuit, issued a potentially important decision in the ongoing struggle against Medicare conditional payment recovery. This interesting case interprets the Medicare Secondary Payer Act (the “MSP”) in a Florida Wrongful Death settlement. The Eleventh Circuit ruled that Medicare was only entitled to recover conditional payments from the estate’s allocated share of the proceeds, but not from the proceeds of the settlement paid directly ... Continue Reading