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


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

    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.