IN RE KING

Bankruptcy Nos. 3-80-00429, 3-80-00428, Adv. Nos. 3-81-0796, 3-81-0784.

19 B.R. 936 (1982)

In re James Emby KING aka Jack E. King aka Jack and David King and Sons Excavating Company aka David King and Sons Excavating Company, Debtor. UNITED STATES of America, Plaintiff, v. James Emby KING, Defendant. In re David Fleenor KING aka David F. King & Sons Excavating Company aka Jack & David King & Sons Excavating Company aka King Brothers Wood Products, Inc., Debtor. UNITED STATES of America, Plaintiff, v. David Fleenor KING, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

May 5, 1982.


Attorney(s) appearing for the Case

W. Thomas Dillard, Richard K. Harris, Knoxville, Tenn., and Robert S. More, Barbourville, Ky., for plaintiff.

Richard Stair, Jr., Knoxville, Tenn., for defendants.


MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue in these adversary proceedings is whether mine reclamation fees due and owing pursuant to the Surface Mining Control and Reclamation Act of 19771 are taxes excepted from discharge. 11 U.S.C. § 523(a)(1)(A).

I

David Fleenor King filed a Chapter 7 petition in bankruptcy on April 10, 1980, and his brother, James Emby King, filed a similar petition on April...

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