Central District Consumer Bankruptcy Attorney's Association

Since I do not think employment for the county is subject to the exhaustive
regulations involved in medicare that made the pre and post-petition
recoupment part of the same transaction in *In re: TLC HOSPITALS, INC*, I
think it may be worth a shot to try for a paying client in a case involving
a substantial amount. The fact that the employment is with the county
makes it more likely that the employer will respect the Section 525
protection against being fired for filing bk.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Since I do not think employment for the county is subject to the exhaustive regulations involved in medicare that made the pre and post-petition recoupment part of the same transaction in
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Perhaps you should explore the case I reproduce below and find a way to
argue that the situation here does not involve the "same transaction":
Page 1008
*224 F.3d 1008 (9th Cir. 2000)*
*In re: TLC HOSPITALS, INC., a California corporation, Debtor.*
*CHARLES SIMS, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH
AND HUMAN SERVICES, Defendant-Appellee.*
*No. 98-16327*
*U.S. Court of Appeals for the Ninth Circuit*
*Argued and Submitted September 13, 1999--San Francisco, California*
*Filed September 12, 2000*
Page 1009
COUNSEL: Rachel K. Nunes, Abbey, Weitzenberg, Hoffman & Emery,
Santa Rosa, California, for the plaintiff-appellant.
Jeffrey A. Clair, Civil Division, Department of Justice,
Washington, D.C., for the defendant-appellee.
Appeal from the United States District Court for the Northern
District of California Charles R. Breyer, District Judge, Presiding D.C.
No. CV-98-00564-CRB
Before: William C. Canby, Jr. and Barry G. Silverman, Circuit
Judges, and James M. Fitzgerald,1

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