Subject: Re: OCA Objection to Paying ANYONE!
In carefully reviewing the 9/20 filing by OCA, page 4, BASIS FOR
OBJECTIONS TO CLAIMS, I'm more than a little surprised their approach is
so flimsy. I'm certainly not a lawyer, and make no claims as to my
ability to fully understand and appreciate the subtleties involved in
legalese. But to my layman's mind, here are what I perceive are their
reasons for objections.
OCA says each and every doctor's claim should be disallowed by the
bankruptcy court for one or more of these reasons:
1. It wasn't filed before the deadline (Bar Date) and there's no
provision in the bankruptcy code for filing after the deadline.
2. The claims are not due and/or unenforceable against the new OCA (the
reorganized debtor.)
3. OCA has counterclaims which are in excess of the doctor's claims and
therefore offset any and all doctor's claims.
4. OCA has given adequate reasons in previous filings in individual
cases as to why the doctor isn't entitled to their claim.
My summaries may not be entirely accurate, but I think it gives a flavor
of OCA's approach. And most of them sound more like empty rhetoric, and
an attempt to make a blanket end run around the various courts who are
considering the individual cases. In other words, in my opinion, it's
some pretty lame lawyering! But then what can you expect from a lame
company like OCA?
Entirely my own, personal, admittedly biased opinion.
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