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IN RE CO-BUILD COMPANIES, INC.

Bankruptcy No. 75-287.

21 B.R. 635 (1982)

In re CO-BUILD COMPANIES, INC. a/k/a West Indies Enterprises, Inc., Bankrupt.

United States Bankruptcy Court, E.D. Pennsylvania.

July 14, 1982.

Attorney(s) appearing for the Case

Arthur E. Sklar, Levine, Staller & Sklar, P.A., Atlantic City, N.J., for Sanford and Joy Miller, Officer of the debtor corporation.

Stuart H. Savett, Harold E. Kohn, P.A., Philadelphia, Pa., for debtor, Co-Build Companies, Inc. a/k/a West Indies Enterprises, Inc.

Marvin Krasny, Adelman & Lavine, Philadelphia, Pa., for trustee, Richard I. Rubin.

Richard I. Rubin, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether an officer of the debtor corporation is entitled to be subrogated to the government's tax claim against the debtor where the government has collected funds from the officer to pay that claim. We conclude that the officer is entitled to be subrogated to the government's tax claim.

The facts of the instant case are as follows:1 On February 18, 1975...

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