Genova Burns Secures $3.1 Million Recovery in Bankruptcy Proceedings

Genova Burns LLC is proud to announce a significant victory in the U.S. Bankruptcy Court for the District of New Jersey, securing a recovery of over $3.1 million on behalf of our client, Affiliated Physicians and Employers Master Trust d/b/a Member Health Plan NJ (Affiliated).

This achievement was led by Partner Donald W. Clarke, Esq., who successfully obtained the return of tax payments made by Affiliated in 2020 from the Internal Revenue Service. The dispute centered on whether Affiliated had been improperly assessed millions in tax liability due to its efforts to provide lower-cost health care coverage to its members, their employees, and their families. This substantial recovery will allow Affiliated to distribute funds back to its members, reinforcing its commitment to its members.

Affiliated operates as a self-funded multiple employer welfare arrangement (MEWA) under the provisions of the Employee Retirement Income Security Act (ERISA) and New Jersey's MEWA Act. Mr. Clarke, serving as bankruptcy counsel to Affiliated, has represented the MEWA in a series of proceedings, including appearances before the U.S. Bankruptcy Court for the District of New Jersey and the Superior Court of New Jersey, Morris County, in both the Law Division and Chancery Division on multiple matters of first impression.

This case exemplifies Genova Burns’ dedication to advocating for our clients in complex bankruptcy litigation matters. Our firm's expertise in navigating intricate regulatory frameworks and achieving favorable outcomes underscores our reputation as a leading law firm in high-stakes financial and corporate disputes.

Mr. Clarke, Partner, has extensive experience in bankruptcy law, financial restructuring, and complex litigation. His strategic approach and in-depth knowledge of regulatory frameworks have been instrumental in achieving favorable outcomes for clients facing high-stakes financial disputes. More information about Mr. Clarke can be found here.

For more information on how Genova Burns can assist with bankruptcy litigation and corporate legal matters, please contact us today.