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IN RE NAPERVILLE THEATER, LLC

No. 15 C 3697.

In re: NAPERVILLE THEATER, LLC, Debtor. ILLINOIS DEPARTMENT OF REVENUE, Appellant, v. NAPERVILLE THEATER, LLC et al. Appellees.

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

March 10, 2016.

Attorney(s) appearing for the Case

Illinois Department of Revenue, Appellant, represented by Robert Owen Lynch, III , Office Of The Illinois Attorney General.

Naperville Theater, LLC, Appellee, represented by Frank John Kokoszka , Kokoszka & Janczur, P.C..

Brixmor Holdings 6 SPE, LLC, Appellee, represented by Allen Jay Guon , Shaw,Fishman,Glantz & Towbin LLC & Steven Bennett Towbin , Shaw Fishman Glantz & Towbin LLC.

First Community Financial Bank, Appellee, represented by John Ryan Potts , Brotschul Potts LLC, Scott A. Schaefers , Brotschul Potts LLC, Michael Brett Kind , Locke Lord LLP & Phillip Wesley Nelson , Locke Lord LLP.

Brixmor Property Group, Inc., Appellee, represented by Allen Jay Guon , Shaw,Fishman,Glantz & Towbin LLC & Steven Bennett Towbin , Shaw Fishman Glantz & Towbin LLC.

Service List, represented by U.S. Bankruptcy Court, Clerk, Clerk.

Service List, represented by Bankruptcy Judge Goldgar, United States Bankruptcy Court.

Service List, represented by United States Trustee, Office of the United States Trustee.

MEMORANDUM OPINION

This matter is before the court on Appellant Illinois Department of Revenue's (IDOR) appeal from the ruling of the bankruptcy court (Bankruptcy Court) in bankruptcy case number 15 B 05384. For the reasons stated below, this court reverses the Bankruptcy Court...

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