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IN RE HAMMETT

Bankruptcy No. 80-01886K, Adv. No. 82-0390K.

21 B.R. 923 (1982)

In re William Henry HAMMETT, Debtor. UNITED STATES of America on Behalf of its agency INTERNAL REVENUE SERVICE, Plaintiff, v. William Henry HAMMETT and James J. O'Connell, Esquire Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

July 27, 1982.

Attorney(s) appearing for the Case

Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., for plaintiff.

Mitchell W. Miller, Philadelphia, Pa., for debtor.

James J. O'Connell, Philadelphia, Pa., standing trustee.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This case comes before the Court on a complaint for relief from the automatic stay imposed by § 362 of the Bankruptcy Code. The plaintiff, the Internal Revenue Service, seeks to setoff the tax refund due the debtor for the 1980 tax year against unpaid tax liability for previous years. The debtor opposes such relief and has filed a counterclaim. For the reasons set forth below, the Court will deny the plaintiff...

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