Fischbach v. Centers for Medicare & Medicaid Services (In re Fischbach)

464 B.R. 258, 66 Collier Bankr. Cas. 2d 1461, 2012 WL 50642, 2012 Bankr. LEXIS 42
CourtUnited States Bankruptcy Court, D. South Carolina
DecidedJanuary 9, 2012
DocketBankruptcy No. 10-02888-DD; Adversary No. 11-80036-DD
StatusPublished
Cited by2 cases

This text of 464 B.R. 258 (Fischbach v. Centers for Medicare & Medicaid Services (In re Fischbach)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fischbach v. Centers for Medicare & Medicaid Services (In re Fischbach), 464 B.R. 258, 66 Collier Bankr. Cas. 2d 1461, 2012 WL 50642, 2012 Bankr. LEXIS 42 (S.C. 2012).

Opinion

DAVID R. DUNCAN, Bankruptcy Judge.

Gary T. Fischbach (“Plaintiff’) and Centers for Medicare and Medicaid Services, Palmetto Government Benefits Administrators, LLC (“Defendants”) filed Motions for Summary Judgment on November 28, [260]*2602011. Responses were filed on December 8, 2011. The Complaint in this adversary-proceeding, filed on April 4, 2011, requests damages for violation of the discharge injunction and an injunction from further collection attempts on the part of Defendants. After considering the Motions, the Court now makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

Plaintiff filed for chapter 7 relief on April 22, 2010. Plaintiff is a physician in Aiken, South Carolina. At the time of his bankruptcy filing, Plaintiff owned and operated a family medical practice, which originally operated as a sole proprietorship, and beginning in 1999, operated as a limited liability company. In June 1999, Plaintiff became a participating supplier for Medicare beneficiaries through a Medicare Participating Physician/Supplier Agreement. The agreement provided that it would be renewed automatically every twelve months absent some active termination by either party to the agreement; thus, the agreement remained in effect at all times relevant in this matter.

In October 2009, Plaintiff received notice that certain services Plaintiff had provided to Medicare beneficiaries were deemed not medically necessary and that as a result, Plaintiff had received overpayment of $397,453.46 for such services. Plaintiff attempted to appeal this decision in December 2009 by sending explanation and supporting documentation to Defendants. Defendants notified Plaintiff in January 2010 that the previous determination that Plaintiff had been overpaid would stand and that Defendants would begin collecting the overpayment within sixty (60) days. Plaintiff did not attempt to further appeal this decision.

In March 2010, Defendants notified Plaintiff that the Medicare claims he had submitted were insufficient to cover the outstanding balance of the overpayment, that the outstanding balance was actually $410,600.80, and that the balance would be referred to the Department of Treasury’s Debt Collection Center. Plaintiff filed his chapter 7 case approximately a month later.

Plaintiff received his chapter 7 discharge on July 30, 2010. Defendants subsequently continued to withhold payments to Plaintiff for services he rendered to Medicare beneficiaries until Plaintiffs medical practice ceased operation. This adversary proceeding was commenced on April 4, 2011, alleging that Defendants violated the discharge injunction and seeking an injunction to prevent Defendants from withholding any further payments or attempting to collect any further amounts from Plaintiff.

CONCLUSIONS OF LAW

I. Summary Judgment Standard

Pursuant to Rule 7056 of the Federal Rules of Bankruptcy Procedure, Rule 56 of the Federal Rules of Civil Procedure governs summary judgment in adversary proceedings. In re Rigoroso, 453 B.R. 612, 614 (Bankr.D.S.C.2011). Fed.R.Civ.P. 56(a) states, “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (emphasis original). Only factual disputes which could potentially affect the end result of the suit [261]*261should cause a motion for summary judgment to be denied; “irrelevant or unnecessary” factual disputes will not preclude the entry of summary judgment. Id. at 248, 106 S.Ct. 2505. A dispute relating to a material fact is “genuine” if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.

A court determining whether summary judgment should be granted should look to multiple sources, including the pleadings, discovery responses, depositions, and affidavits, if any. Rigoroso, 458 B.R. at 614 (quoting In re Proveaux, No. 07-05384-JW, slip op., at 5 (Bankr.D.S.C. Mar. 81, 2008)). The court should view the facts and any reasonable inferences “ ‘in the light most favorable to the nonmoving party.’ ” Rigoroso, 453 B.R. at 614 (quoting United Rentals, Inc. v. Angell, 592 F.3d 525, 530 (4th Cir.2010)). Once the movant has presented sufficient evidence to support its summary judgment motion, the burden shifts to the nonmoving party to show that there are genuine issues of material fact. Emmett v. Johnson, 532 F.3d 291, 297 (4th Cir.2008). The nonmovant cannot “rest upon mere allegations or denials of his pleading, but ‘must come forward with specific facts showing that there is a genuine issue for trial.’ ” Id. at 297 (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). Here, the parties agree that no issues of fact for trial exist and therefore, the only issues are issues of law.

II. Effect of Discharge

At the conclusion of an individual debtor’s chapter 7 case, the debtor ordinarily receives a chapter 7 discharge which, with a few exceptions, “discharges the debtor from all debts that arose before the date of the order for relief.” 11 U.S.C. § 727(b). The term “debt” is defined in the Bankruptcy Code as “liability on a claim.” 11 U.S.C. § 101(12). “Claim”, as used in the definition of “debt”, is defined as:

(A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or
(B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.

11 U.S.C. § 101(5). The discharge operates as an injunction and prevents creditors from seeking to recover from the debtor personally. 11 U.S.C. §

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Bluebook (online)
464 B.R. 258, 66 Collier Bankr. Cas. 2d 1461, 2012 WL 50642, 2012 Bankr. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischbach-v-centers-for-medicare-medicaid-services-in-re-fischbach-scb-2012.