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IN RE WHITING POOLS, INC.

Bankruptcy Nos. 81-20063, 81-2034A.

10 B.R. 755 (1981)

In re WHITING POOLS, INC., Debtor. UNITED STATES of America, Plaintiff, v. WHITING POOLS, INC., Defendant.

United States Bankruptcy Court, W.D. New York.

April 28, 1981.

Attorney(s) appearing for the Case

Jonathan B. Forman, Civil Trial Section, Northern Region Tax Division, U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Relin & Goldstein by Lloyd H. Relin, Rochester, N.Y., for defendant.

Harter, Secrest & Emery by Deborah Schwind, Rochester, N.Y., for Marine Midland Bank.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The United States of America has commenced an action under 11 U.S.C. § 362(d) of the new Bankruptcy Code seeking a determination that the automatic stay provisions of Bankruptcy Code 11 U.S.C. § 362(a) are not applicable to it with respect to certain property seized by the Internal Revenue Service from Whiting Pools, Inc. to satisfy unpaid employment taxes; or alternatively, seeking relief...

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