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A sentence in a Medicare fraud case is affirmed in part but an order of restitution is vacated due to plain error in a failure to give credit for over $600,000

5th circuit
US v. Austin (02/13/07 – No. 05-30602)
A sentence in a Medicare fraud case is affirmed in part but an order of restitution is vacated due to plain error in a failure to give credit for over $600,000 in pension plan benefits defendant’s home health agencies actually funded.

10th circuit
In re: MS55, Inc. (02/13/07 – No. 05-1389)
In a bankruptcy case raising the issue of whether a Chapter 7 trustee may bring claims that a Chapter 11 debtor-in-possession could not, a judgment against the trustee is affirmed where the trustee is barred under the circumstances from bringing a derivative claim on behalf of a creditors’ committee after conversion to Chapter 7.

11th circuit
Commonwealth Land Title Ins. Co. v. Poe (02/12/07 – No. 05-16518)
In case involving bankruptcy and two parcels of subdivided property, holding that the right of redemption belonging to plaintiff was limited to one of the parcels is reversed as plaintiff’s right of redemption applies to both parcels.
Dzikowski v. Northern Trust Bank of Fla., N.A. (02/13/07 – No. 05-17227)
In case involving claims brought by a bankruptcy estate to avoid fraudulent transfers that were partially satisfied in a lump sum settlement, summary judgment for defendant, which credited the entire settlement amount to trustee’s claims against defendant based on Florida law, is reversed as the federal rule of single satisfaction requires the bankruptcy court to allocate the amount of the settlement that applies to the complaint against defendant rather than apply Florida law.

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