Creditors Rights in Health Care

Health CareCreditors Rights in Health Care

Elliott Greenleaf has extensive expertise in legal matters affecting the healthcare industry. Our diverse clients include health insurance companies, managed care organizations, hospitals, hospital systems, physician groups, physician practices, and vendors of ancillary medical services.

Our attorneys have counseled and represented national health insurers, individual physicians, individual trade-creditors and creditor committees in connection with bankruptcy proceedings, workouts, protective structuring of commercial transactions, and pre-bankruptcy planning, including:

  • Acting as counsel for or the primary representative of clients serving on Creditors Committees responsible for day-to-day contact with committee counsel and other members;
  • Assessing the effect of bankruptcy on the ongoing contractual relationship between the debtor and our healthcare clients including issues relating to assumption, rejection and assignment of executory claims;
  • Assisting clients and committee counsel with analysis of possible causes of action that the Debtor and/or the Committee could bring;
  • Reviewing possible avoidance actions including preference and fraudulent conveyance/transfer claims asserted by the Debtor against clients and/or asserted by the Debtor or Committee against third parties;
  • Evaluating Debtor employment and compensation plans including proposed key employee retention and bonus arrangements;
  • Considering the adequacy and merit of disclosure statements and plans of liquidation or reorganization;
  • and asserting client claims for classification, treatment and payment of claims as administrative or priority claims.