IN RE NORTON

Bankruptcy No. 80-02504G.

15 B.R. 623 (1981)

In re William H. NORTON and Carrie W. Norton f/k/a Carrie A. Woodard, Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

December 4, 1981.


Attorney(s) appearing for the Case

Mitchell W. Miller, Philadelphia, Pa., for debtors, William H. Norton and Carrie W. Norton f/k/a Carrie A. Woodard.

Virginia R. Powel, Sp. Asst. U.S. Atty., Philadelphia, Pa., Judith A. Levinthal, Tax Div., Dept. of Justice, Washington, D.C., for Internal Revenue Service.

James J. O'Connell, Philadelphia, Pa., Trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the debtors are entitled to the release of a tax refund due them which is being retained by the Internal Revenue Service ("the IRS") on account of a prior tax liability. We conclude that the debtors are entitled to that refund because (1) the debtors' chapter 13 plan has been confirmed and the IRS is bound by the terms of that plan which provides for the payment by the debtors of...

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