
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: October 15, 2015

Partner
201-896-7095 jglucksman@sh-law.comOn Aug. 30, Univita Homecare Solutions LLC, a major provider of home-based care management in the U.S., announced that it had filed for Chapter 7 bankruptcy protection, according to the Orlando Sun Sentinel. In court papers, the company stated that its decision was based on the fact that its HMO contracts were terminated in Florida in July.
Univita Health and 11 of its subsidiaries filed for Chapter 7 bankruptcy protection after massive layoffs, according to the South Florida Business Journal. After it gained control of the Medicaid market in Florida last September as the state transferred Medicaid beneficiaries to managed care, Univita Health was unable to service its clients. As a result, the state terminated all of its HMO contracts. The company was then unable to secure additional funding to maintain operations and cash flows, thus sending Univita Health into insolvency. Further, Univita Health halted services immediately for over two million patients in Florida.
Following the contract terminations, Univita Health and its three related companies went through massive layoffs, letting go of 1,002 workers in July and August. Although the company has since closed down operations, Univita Health now faces a class-action lawsuit in accordance with the U.S. Worker Adjustment and Retraining Notification Act from hundreds of former employees who claim they were terminated without notice in July. The plaintiffs in the lawsuit are seeking to recoup lost wages and benefits stemming from the abrupt layoffs. Compounding the potential damages from this class-action suit is the fact that there are further lawsuits pending against the company from hundreds of other former employees in upwards of $1 million in non-priority claims.
All told, the company listed total assets and liabilities both between $50 million to $100 million. In bankruptcy documents, these liabilities include $20 million in secured debts owed to Genstar Capital Partners.
Univita Health officials claimed that the company does not have sufficient cash flow to continue its operations. Therefore, it closed down all its operations and plans to liquidate its remaining assets as part of its bankruptcy agreement. The company will also be provided relief from its 10,000 to 25,000 creditors nationwide by filing for Chapter 7 bankruptcy protection.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!