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IN RE LEBER

Bankruptcy No. 88 B 02845, Adv. No. 91 A 00467.

134 B.R. 911 (1991)

In re Adam LEBER and Eva Leber, Debtors. Adam LEBER and Eva Leber, Plaintiffs, v. ILLINOIS DEPARTMENT OF REVENUE, Defendant.

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

December 20, 1991.

Attorney(s) appearing for the Case

Mary K. Schulz, McBride Baker & Coles, Chicago, Ill., for debtors, Adam Leber and Eva Leber.

James D. Newbold, Asst. Atty. Gen., Chicago, Ill., for Illinois Dept. of Revenue.

Craig Phelps, Chicago, Ill., Chapter 13 Standing Trustee.

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

This matter comes to be heard on cross motions for summary judgment filed by Adam Leber and Eva Leber (the "Debtors") and the Illinois Department of Revenue ("IDOR"). The Court holds that the underlying debt for which IDOR is pursuing Debtor, Adam Leber, has been discharged pursuant to 11 U.S.C. § 1328(a). IDOR, however, properly invoked sovereign immunity under the Eleventh Amendment of the United...

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