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UNITED STATES v. WHITING POOLS, INC.

No. 441, Docket 81-5046.

674 F.2d 144 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. WHITING POOLS, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 9, 1982.

Attorney(s) appearing for the Case

Michael L. Paup, Atty., Tax Div., Dept. of Justice, Washington, D. C. (John F. Murray, Acting Asst. Atty. Gen., Wynette J. Hewett and George L. Hastings, Jr., Attys., Tax Div., Dept. of Justice, Washington, D. C., Roger P. Williams, U. S. Atty., Buffalo, N. Y., of counsel), for plaintiff-appellee, the U. S.

Lloyd H. Relin, Relin & Goldstein, Rochester, N. Y., for defendant-appellant, Whiting Pools, Inc.

Before FRIENDLY, OAKES and PIERCE, Circuit Judges.

FRIENDLY, Circuit Judge:

The question on this appeal is whether a debtor in possession under Chapter 11 of the Bankruptcy Code of 1978 is entitled to an order, under §§ 542 or 543 of the Code, requiring the Internal Revenue Service (IRS) to turn over tangible assets of the debtor on which the IRS had levied pursuant to § 6331 et seq. of the Internal Revenue Code (IRC). This question has created much conflict among bankruptcy judges and district...

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