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IN RE BATHRICK

Bankruptcy No. 76-HB-233.

1 B.R. 428 (1979)

In re Alton M. BATHRICK, Bankrupt. William A. SHORT, Jr., Trustee, Plaintiff, v. INTERNAL REVENUE SERVICE, Blythe Bathrick, Defendants.

United States Bankruptcy Court, S.D. Texas, Houston Division.

December 6, 1979.

Attorney(s) appearing for the Case

Michael H. Saks, Houston, Tex., for trustee.

M. Carr Ferguson, Asst. Atty. Gen., Washington, D.C., Howard A. Weinberger, Atty., Tax Div., Dept. of Justice, Dallas, Tex., for I.R.S.

John E. O'Neill, Houston, Tex., for Blythe Bathrick.

MEMORANDUM OPINION

JOHN R. BLINN, Bankruptcy Judge:

The matter is before the Court on the complaint of the trustee asserting that a tax refund owed jointly to the bankrupt and his wife (not a bankrupt), is entirely property vesting in the trustee of the husband's estate upon the filing of the petition. On March 26, 1976, Mr. Bathrick filed a voluntary petition in bankruptcy. At the time of the bankruptcy proceeding...

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