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IN RE LAKESIDE COMMUNITY HOSP.

Bankruptcy No. 91 B 07290. Adv. Nos. 95 A 00923, 95 A 00922 and 95 A 00880.

191 B.R. 122 (1996)

In re LAKESIDE COMMUNITY HOSPITAL, Debtor. James CARMEL, Trustee, Plaintiff, v. ILLINOIS DEPARTMENT OF REVENUE, Defendant. James CARMEL, Trustee, Plaintiff, v. ILLINOIS DEPARTMENT OF EMPLOYMENT, Defendant. James CARMEL, Trustee, Plaintiff, v. David D. ORR, Cook County Clerk and Edward Rosewell, County Collector, Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

January 25, 1996.

Attorney(s) appearing for the Case

Leon Zelechowski, Chicago, IL, for Trustee, James E. Carmel.

Jane L. Stuart, Thomas J. Boyle, Assistant State's Attorney, Chicago, IL, for David Orr and Edward J. Rosewell (95 A 00880).

Michael T. Prousis, Special Assistant Attorney General, Chicago, IL, for Ill. Dept. of Employment Security (95 A 00922).

Faith Lukin, Illinois Department of Revenue, Illinois Attorney General Office, Chicago, IL, for Ill. Dept. of Revenue (95 A 00923).

INTRODUCTION

RONALD BARLIANT, Bankruptcy Judge.

This matter is before the court on motions to dismiss three adversary complaints seeking to recover tax payments to (1) the Illinois Department of Revenue, (2) the Illinois Department of Employment, and (3) David D. Orr ("Orr") and Edward J. Rosewell ("Rosewell").1 The complaints allege that the tax payments were either preferential transfers, avoidable under §§ 547 and...

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