1. Home
  2. Browse Decisions
  3. F.2d
  4. 837 F.2d
  5. 837 F.2d 763 (1988)
 

IN RE KLINGBERG SCHOOLS

No. 86-3100.

837 F.2d 763 (1988)

In re KLINGBERG SCHOOLS, an Illinois not-for-profit corporation, Debtor. Jay STEINBERG, Trustee of the Estate of Klingberg Schools, an Illinois not-for-profit corporation, by certain creditors, Plaintiff-Appellee. v. ILLINOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 1988.

Attorney(s) appearing for the Case

Karen Rosenwinkel, Chicago, Ill., for defendant-appellant.

John L. Gubbins, John L. Gubbins & Assoc., Ltd., Chicago, Ill., for plaintiff-appellee.

Before BAUER, Chief Judge, WOOD and MANION, Circuit Judges.

PER CURIAM.

We agree with the district court that "the defendant improperly asserted a set-off, and not a recoupment, in violation of the automatic stay provisions of 11 U.S.C. § 362." In re Klingberg Schools, 68 B.R. 173, 180 (N.D.Ill.1986).

Defendant no longer opposes debtor's night care services claim. Therefore, the issues discussed by the district court in the section captioned "Sovereign Immunity," which begins...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases