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Legal Opinion

In Re Lakeside Community Hospital, Inc.

United States Bankruptcy Court, N.D. Illinois

Decided April 28, 1992No. 19-05613PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

RONALD S. BARLIANT, Bankruptcy Judge.

The Illinois Department of Revenue and the Illinois Department of Employment Security (collectively, IDR/IDES) moved to modify the automatic stay so they can set-off their claims against the Debtor (the former operator of the hospital) against amounts due the Debtor from the Illinois Department of Public Aid (IDPA) for Medicaid reimbursements. The motion will be denied because the debts are not mutual, and the IDR/IDES therefore have no right of setoff protected in bankruptcy.

BACKGROUND

There is no dispute about the facts. The Debtor,…

2Cases cited7 opinions

  1. Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
  2. In the Matter of Elcona Homes Corporation, Debtor-Appellant. Green Tree Acceptance, Inc.Court of Appeals for the Seventh Circuit · 1988
  3. Jarboe v. United States Small Business Administration (In Re Hancock)United States Bankruptcy Court, N.D. Oklahoma · 1992
  4. In Re NTG Industries, Inc.United States Bankruptcy Court, N.D. Illinois · 1989
  5. Hankerson v. United States Department of Education (In Re Hankerson)United States Bankruptcy Court, E.D. Pennsylvania · 1991

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Illinois v. Lakeside Community Hospital, Inc. (In Re Lakeside Community Hospital, Inc.)District Court, N.D. Illinois · 1993
  2. In Re: Doctors Hospital of Hyde Park, Inc., Debtor. Appeal Of: Daiwa Special Asset CorporationCourt of Appeals for the Seventh Circuit · 2003
  3. Pettibone Corp. v. United States (In Re Pettibone Corp.)United States Bankruptcy Court, N.D. Illinois · 1992
  4. In Re Doctors Hospital of Hyde Park, Inc.United States Bankruptcy Court, N.D. Illinois · 2002
  5. Lawndale Steel Co. v. Magic Steel Co. (In Re Lawndale Steel Co.)United States Bankruptcy Court, N.D. Illinois · 1993

1 more not listed; retrieve them via the Exa API.

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