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Adversary for money damages, where creditor seized tax refund after discharge, allowed to move forward.

The court denied creditor, Lexington Health Services District, Inc. d/b/a Lexington Medical Center, who asked to dismiss the damages adversary claim arguing that it is a political subdivision and that pursuant S.C. Code §12-60-80(C), made applicable to this action by Federal Rule of Civil Procedure 17, it lacks the capacity to be named as a party in a class action lawsuit, plaintiffs’ claims against it are barred by sovereign immunity, plaintiffs had not exhausted their
administrative remedies, as required by the Setoff Debt Collection Act.

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