Opinion
CASE NO. 00-20288-PCY5-D
December 2, 2003
Roy F. Blondeau, Jr., C. Edwin Rude, James Bennett, Tallahassee, Florida for Gulf Pines Hospital Inc.
ORDER MODIFYING AND LIFTING STAY TO ALLOW PARTIAL SETOFF
THIS CAUSE, having come before the Court upon the Motion of the United States To Lift Stay to Allow Setoff, filed on behalf of the Department of the Treasury, Internal Revenue Service, and the Court having reviewed the United States' Motion and supporting documentation submitted therewith and there being opposition filed thereto by the Debtor, and having considered the pleadings filed herein and the argument of Counsel for the Parties and otherwise being fully apprised of the merits, it is,
ORDERED AND ADJUDGED as follows:
1. That the stay afforded by 11 U.S.C. § 362 be, and is hereby lifted and modified in part to permit the United States on behalf of the Department of the Treasury, Internal Revenue Service, to setoff post-petition Medicare underpayments due to the Debtor from the United States Department of Health and Human Services (HHS), in the amount of $60,164.22, less the prior post-petition setoff amount of $6,748.62 for a total setoff amount of $53,415.60. HHS and the IRS are directed to remit the remaining balance due Debtor from HHS for underpayments to the Debtor immediately.
DONE AND ORDERED in Tallahassee, Florida