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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.

October 29, 2015.

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.

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 Bankruptcy Judge Goldgar , United States Bankruptcy Court.

MEMORANDUM OPINION

This matter is before the court on Appellee First Community Financial Bank's (CFB) motion to dismiss, on Frank J. Kokoszka's (Trustee) motion to dismiss brought in his capacity as the chapter 7 trustee of the bankruptcy estate of Naperville Theater, LLC (Debtor...

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