Legal Opinion
Matter of Community Hospital of Rockland Cty.
United States Bankruptcy Court, S.D. New York
Decided December 27, 1979No. 19-10659PublishedCited by 23 opinions
1Opinion of the Court
DECISION ON COMPLAINT RE: DETERMINATION OF PREFERENCE PAYMENTS
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The debtor, The Community Hospital of Rockland County, has filed a complaint in an adversary proceeding against the Government, and specifically, the Internal Revenue Service, to obtain a release of funds that were seized under the Government’s prepetition levies. The debtor needs these funds in order to meet its payroll tomorrow. The Government opposes the debtor’s action on grounds of laek of jurisdiction and sovereign immunity. The facts are not disputed.
On December 14,1979, the debtor filed…
2Cases cited2 opinions
- Phelps v. United StatesSupreme Court of the United States · 1975
- In the Matter of Pittsburgh Penguins Partners, Debtor. Appeal of Equibank, N.A., in Behalf of Frank Sklar, ReceiverCourt of Appeals for the Third Circuit · 1979
3Cited by23 opinions
- United States v. ClardyUnited States Court of Military Appeals · 1982
- West Virginia, Department of Finance & Administration v. Hassett (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
- Matter of HinesUnited States Bankruptcy Court, S.D. Ohio · 1982
- In Re RowellOregon Supreme Court · 1988
- Matter of Community Hosp. of Rockland CountyUnited States Bankruptcy Court, S.D. New York · 1981
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