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MATTER OF COMMUNITY HOSP. OF ROCKLAND COUNTY

Bankruptcy No. 79 B 20074, Adv. No. 81-6036.

15 B.R. 785 (1981)

In the Matter of COMMUNITY HOSPITAL OF ROCKLAND COUNTY, Debtor.

United States Bankruptcy Court, S.D. New York.

December 7, 1981.

Attorney(s) appearing for the Case

Harvey S. Barr, Spring Valley, N.Y., Trustee.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for I.R.S.; Stuart M. Bernstein, Asst. U.S. Atty., New York City, of counsel.

DECISION ON NOTICE OF MOTION TO DISMISS THE TRUSTEE'S COMPLAINT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The United States Internal Revenue Service ("IRS") seeks to dismiss the claim asserted by the trustee in bankruptcy in this converted Chapter 7 case. The trustee charges that IRS received a preference when it collected certain taxes pursuant to a pre-petition notice of tax levy because the IRS tax lien should be subordinated to priority administration expenses...

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