IN RE RAMOS

Bankruptcy No. 80 B 4898, Adv. No. 81 A 433.

12 B.R. 250 (1981)

In re Virgil C. and Felicitas E. RAMOS, ind. and d/b/a Midway Medical Center, Debtors. Melanie R. COHEN, trustee, Felicitas E. Ramos, debtor, Plaintiffs, v. ILLINOIS DEPARTMENT OF PUBLIC AID, Defendant.

United States Bankruptcy Court, N.D. Illinois, E.D.

June 12, 1981.


Attorney(s) appearing for the Case

Joseph E. Cohen, Chicago, Ill., for plaintiffs.

Jeffrey A. Brown, Special Asst. Atty. Gen., Chicago, Ill., for defendants.


Memorandum and order

JAMES, Bankruptcy Judge.

Illinois Department of Public Aid, defendant, has moved to dismiss the complaint of Melanie Cohen, trustee, and Felicitas Ramos, debtor, for lack of jurisdiction and failure to state a claim upon which relief can be granted. In their complaint the trustee and debtor seek a turnover of funds IDPA allegedly retained as a setoff against funds Ramos owed IDPA. IDPA argues that the Eleventh Amendment prohibits...

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