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IN RE EQUIPMENT ACQUISITION RESOURCES, INC.

Bankruptcy No. 09 B 39937. Adversary No. 10-00099. No. 11 C 05045.

485 B.R. 586 (2013)

In re EQUIPMENT ACQUISITION RESOURCES, INC., Debtor. United States of America, Appellant, v. Equipment Acquisition Resources, Inc., Appellee.

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

January 4, 2013.

Attorney(s) appearing for the Case

George P. Apostolicles , Konstantinos Armiros , Barry A. Chatz , Robert E. McKenzie , Kevin H. Morse , Arnstein & Lehr LLP, Chicago, IL, Allan B. Diamond , Diamond McCarthy LLP, Houston, TX, Miriam R. Stein , Chuhak & Tecson, P.C., Chicago, IL, for Debtor.

Richard C. Friedman , Wilmette, IL, for U.S. Trustee Patrick S. Layng.

MEMORANDUM OPINION AND ORDER

EDMOND E. CHANG, District Judge.

Equipment Acquisition Resources went bankrupt and eventually filed, in an adversary proceeding in bankruptcy, a first amended complaint seeking recovery of money that the company made to cover tax liabilities of its shareholders. The United States of America, on behalf of the Internal Revenue Service, moved to dismiss one of the counts (Count 4) that sought recovery of the money, arguing that...

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