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Magellan Hearing Transcript

Magellan Hearing Transcript

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In Re: Magellan Health Services Inc, Chapter 11 Case No. 03-40515 (PCB), United States Bankruptcy Court Southern District of New York

See pages 4 and 5 of Supplemental Brief and Appendix in Support of Petition for Writ of Certiorari, United States Supreme Court Case No. 07-1525, where it states, "Extrinsic fraud in a Chapter 11 Bankruptcy proceeding (In Re: Magellan Health Services, Inc.) was alleged. The first RICO action (filed on February 19, 2003, in Tucson, AZ) was stayed by the automatic stay on June 17, 2003. See page 6 of Document 56 under the heading Statute of Limitations. See pages 8 thru 22 of Document 47 filed in SDTX. See pages 1 thru 2 of Document 48-2 filed in SDTX. See pages 10 thru 13 of Document 79. See the exhibits at TAB A of Document 79. The Affidavit of Michael P. McQuillen, signed on October 29, 2003, found at pages 10 thru 14 of Document 47, was under oath, false, material to Davidsons’ claims, material to obtaining Chapter 11 Discharge Confirmation and permanent injunction, made with knowledge of its falsity, and represents new overt acts within the limitations period."

Michael P. McQuillen, Vice President and Associate General Counsel of Magellan Health Services, in the "Affidavit of Michael P. McQuillen" on October 29, 2003, knowingly and fraudulently made false oath in the Chapter 11 proceeding (In Re: Magellan Health Services Inc) with intent to impede, obstruct, and influence the proper administration of a matter within a case filed under Title 11.
In Re: Magellan Health Services Inc, Chapter 11 Case No. 03-40515 (PCB), United States Bankruptcy Court Southern District of New York

See pages 4 and 5 of Supplemental Brief and Appendix in Support of Petition for Writ of Certiorari, United States Supreme Court Case No. 07-1525, where it states, "Extrinsic fraud in a Chapter 11 Bankruptcy proceeding (In Re: Magellan Health Services, Inc.) was alleged. The first RICO action (filed on February 19, 2003, in Tucson, AZ) was stayed by the automatic stay on June 17, 2003. See page 6 of Document 56 under the heading Statute of Limitations. See pages 8 thru 22 of Document 47 filed in SDTX. See pages 1 thru 2 of Document 48-2 filed in SDTX. See pages 10 thru 13 of Document 79. See the exhibits at TAB A of Document 79. The Affidavit of Michael P. McQuillen, signed on October 29, 2003, found at pages 10 thru 14 of Document 47, was under oath, false, material to Davidsons’ claims, material to obtaining Chapter 11 Discharge Confirmation and permanent injunction, made with knowledge of its falsity, and represents new overt acts within the limitations period."

Michael P. McQuillen, Vice President and Associate General Counsel of Magellan Health Services, in the "Affidavit of Michael P. McQuillen" on October 29, 2003, knowingly and fraudulently made false oath in the Chapter 11 proceeding (In Re: Magellan Health Services Inc) with intent to impede, obstruct, and influence the proper administration of a matter within a case filed under Title 11.

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Published by: Robert Davidson, M.D., Ph.D. on Aug 06, 2009
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07/16/2013

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5575811234 UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK5 ------------------------------------xIn re6 Case No.:03-405157 MAGELLAN HEALTH SERVICE,INC., et al,8Debtors.9 ------------------------------------x10April 1, 200411United States Custom House12 One Bowling GreenNew York, New York 100041314Hearing on debtors' objection to claim of15 Healthguard of Lancaster, Inc. (Claim No.2818) and debtors' counterclaim; debtors'16 motion for order holding Robert M.Davidson and Vanessa E. Komar in contempt17 for failure to comply with orders of thisCourt and the discharge injunction.181920B E F O R E:21THE HONORABLE PRUDENCE CARTER BEATTY22 United States Bankruptcy Judge23242521 ProceedingsPage 1
 
557582 A P P E A R A N C E S:3 WEIL, GOTSHAL & MANGES, LLPAttorneys for Debtors4 1501 K Street, N.W.Washington, D.C. 200055BY: CHRISTINE P. HSU, ESQ.67 AKIN GUMP STRAUSS HAUER & FELDMAN, LLPAttorneys for Creditors' Committee8 590 Madison AvenueNew York, New York 100229BY: ANGELA FERRANTE, ESQ.1011 REED SMITH LLPAttorneys for Healthguard of12 Lancaster599 Lexington Avenue13 New York, New York 1002214 BY: JOSEPH O'NEIL, JR., ESQ.15ROBERT DAVIDSON, M.D.16 Appearing Pro SeP.O. Box 178517 Kilgore, Texas 75663181920212223242531 Proceedings2 JUDGE BEATTY: Now, we have got3 one of my favorite cases, Magellan.4 It is April 1st, so I can say aPage 2
 
557585 thing like that and they don't have to be6 true. Who wants to start with what?7 MS. HSU: We have two matters8 before you today, Your Honor. I am not9 sure which you would rather we start10 with?11 JUDGE BEATTY: I have no12 interest in telling you, so you will have13 to make your own judgment.14 MS. HSU: Why don't we start15 with the Healthguard matter. Your Honor,16 my name is Christine Hsu. I am with17 Weil, Gotshal & Manges, representing18 Magellan.19 About two months ago we were20 here on Magellan's objection and21 counterclaim to Healthguard's proof of22 claim, and at the last hearing Your Honor23 asked that we go back and take a look at24 the claims that are at issue.25 In Magellan's objection and41 Proceedings2 counterclaim that we were to have heard3 last time, Magellan had attached an audit4 that went over the claims that were at5 issue, and in Magellan's view the audit6 showed that the claims were, in fact, not7 reimbursable by Magellan as HealthguardPage 3

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