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Hospitals › Bankruptcy Code

Robinson+Cole Health Law Diagnosis

Connecticut Establishes Emergency Certificate of Need Process for Hospitals in Bankruptcy

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On March 3, 2025, Connecticut Governor Ned Lamont signed a law establishing a new process for hospitals in bankruptcy to apply for an “emergency certificate of need” (CON) to approve a transfer of ownership. The law, titled...more

Holland & Knight LLP

Findings from Gibbins’ Annual Healthcare Bankruptcy Report

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In this episode of "Counsel That Cares," bankruptcy attorney Tyler Layne is joined by Gibbins Advisors managing directors Clare Moylan and Ron Winters to discuss their company's annual healthcare bankruptcy report. Their...more

Lowenstein Sandler LLP

The Need For An Examiner In Hospital Bankruptcies

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One well-known and painful irony of COVID-19 is that many hospitals across America are struggling, even as healthcare has arguably never been more important. These hospitals face an array of problems — from a reduction in...more

Farrell Fritz, P.C.

Is the Bankruptcy Code Provision on Disposal of Patient Records Useless?

Farrell Fritz, P.C. on

Section 351 of the Bankruptcy Code permits a health care business in bankruptcy to dispose of patient records if it lacks sufficient funds to pay to store the records in accord with applicable state or federal law. Although...more

Poyner Spruill LLP

Corridors Fall 2018 - News for North Carolina Hospitals

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Recent Decision Highlights Potential Personal Liability of Hospital Directors Based on Breach of Fiduciary Duty - In a recent case, a federal bankruptcy court in Michigan reviewed important questions involving breach of...more

K&L Gates LLP

K&L Gates Triage: Sales of Healthcare Businesses in Chapter 11– The Basics

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A sale of a business under Section 363 of the U.S. Bankruptcy Code or through Chapter 11 can provide the best possible title to the purchaser and may be an appropriate avenue for selected assets or complex and valuable going...more

Jones Day

Bankruptcy Court Lacks Power to Substantively Consolidate Nondebtor, Nonprofit Entities With Archdiocese Debtor

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In the wake of scandal-driven bankruptcies filed by nearly 20 U.S. Roman Catholic dioceses and religious orders, scrutiny has been increasingly brought to bear on the benefits and burdens that federal bankruptcy laws offer to...more

Baker Donelson

If You're Reading This, You're Too Late: Key Drivers in Rising Health Care Defaults

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Health care bankruptcy filings more than tripled in 2017 as compared to 2016 with no end in sight to the financial struggles facing owners and operators in the sector. According to Bloomberg, health care bankruptcies have...more

Herbert Smith Freehills Kramer

Eighth Circuit Holds that Non-Profit, Non-Bankrupt Entities are Insulated from Substantive Consolidation

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The Bottom Line: The Eighth Circuit affirmed the District Court of Minnesota and the Bankruptcy Court in holding that section 303(a) of the Bankruptcy Code prohibits the substantive consolidation of non-debtor non-profit...more

Pillsbury Winthrop Shaw Pittman LLP

Public Hospital Bankruptcy Under Chapter 9: A Success Story and a Powerful Tool

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To the extent authorized by a State, Chapter 9 of the Bankruptcy Code allows municipalities (defined as a “political subdivision or public agency or instrumentality”) of that State – including public hospitals – to reorganize...more

BakerHostetler

Healthcare Providers Face Increasing Financial Pressure and Bankruptcy Risk

BakerHostetler on

The health of the healthcare industry can be summarized as follows: as go federal reimbursement rates, so goes the financial viability of healthcare providers, whether hospitals, nursing homes or medical practices. These...more

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