In re Dream Hospice Care, Inc., 2:18-bk-17133-RK. (2018)
Court: United States Bankruptcy Court, C.D. California
Number: inbco20181102a68
Visitors: 5
Filed: Nov. 01, 2018
Latest Update: Nov. 01, 2018
Summary: NOT FOR PUBLICATION ORDER DENYING WITHOUT PREJUDICE CHAPTER 7 TRUSTEE'S MOTION FOR ORDER AUTHORIZING 1) ABANDONMENT AND DESTRUCTION OF OLD PATIENT FILES; AND 2) PAYMENT BY THE ESTATE OF THE COSTS OF DESTRUCTION FOR LACK OF SHOWING OF COMPLIANCE WITH PROCEDURES FOR DISPOSITION OF PATIENT RECORDS UNDER 11 U.S.C. 351(1), (2) AND (3) [Relates to Docket No. 9] ROBERT KWAN , Bankruptcy Judge . The Notice of and "Motion for an Order Authorizing (1) the Abandonment and Destruction of Old Patien
Summary: NOT FOR PUBLICATION ORDER DENYING WITHOUT PREJUDICE CHAPTER 7 TRUSTEE'S MOTION FOR ORDER AUTHORIZING 1) ABANDONMENT AND DESTRUCTION OF OLD PATIENT FILES; AND 2) PAYMENT BY THE ESTATE OF THE COSTS OF DESTRUCTION FOR LACK OF SHOWING OF COMPLIANCE WITH PROCEDURES FOR DISPOSITION OF PATIENT RECORDS UNDER 11 U.S.C. 351(1), (2) AND (3) [Relates to Docket No. 9] ROBERT KWAN , Bankruptcy Judge . The Notice of and "Motion for an Order Authorizing (1) the Abandonment and Destruction of Old Patient..
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NOT FOR PUBLICATION
ORDER DENYING WITHOUT PREJUDICE CHAPTER 7 TRUSTEE'S MOTION FOR ORDER AUTHORIZING 1) ABANDONMENT AND DESTRUCTION OF OLD PATIENT FILES; AND 2) PAYMENT BY THE ESTATE OF THE COSTS OF DESTRUCTION FOR LACK OF SHOWING OF COMPLIANCE WITH PROCEDURES FOR DISPOSITION OF PATIENT RECORDS UNDER 11 U.S.C. §351(1), (2) AND (3)
[Relates to Docket No. 9]
ROBERT KWAN, Bankruptcy Judge.
The Notice of and "Motion for an Order Authorizing (1) the Abandonment and Destruction of Old Patient Files; and 2) Payment by the Estate of the Costs of Destruction (the "Motion") [Docket No. 9] filed by Elissa D. Miller, Chapter 7 Trustee came on regularly before the Court, the Honorable Robert Kwan, United States Bankruptcy Judge Presiding.
The Court read and considered the Motion,
HEREBY ORDERS that the Motion is DENIED WITHOUT PREJUDICE for lack of showing of compliance with the procedures for the disposition of patient records set forth in Section 351(1), (2) and (3) of the Bankruptcy Code, 11 U.S.C. These procedures are mandatory, and the Trustee in the Motion has neither shown compliance with these procedures nor that she is otherwise excused from compliance. See 3 Levin and Sommer, Collier on Bankruptcy, ¶351.01 et seq. at 351-1-351-16 (16th ed. 2018); see also, id., ¶351.04 at 351-10-351-13 (describing the required notice and disposition procedures in detail).
Source: Leagle
