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IN RE SMITH

Bankruptcy No. 81-01121A, Adv. No. 81-2217A.

35 B.R. 451 (1983)

In re Leonard E. SMITH, Debtor. Leonard E. SMITH, J. Sam Plowden, Trustee, Plaintiffs, v. TERRELL CONTRACTING COMPANY; The Diners Club; The Tuition Fund; First State Bank and Trust Company, as Executor under the Last Will and Testament of Joe Malone; Henry Cohen; Rich's, Inc.; The C & S Bank of Albany; The First National Bank of Albany, The United States of America (IRS), Defendants, and Marion K. Smith, Intervenor.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

August 23, 1983.

Attorney(s) appearing for the Case

Robert T. Efurd, Jr., Atlanta, Ga., for debtor/plaintiff.

J. Sam Plowden, Atlanta, Ga., Trustee.

Lenore DiStefano, Atty., Tax Div., Dept. of Justice, Washington, D.C., James E. Baker, U.S. Atty., Atlanta, Ga., Clayton Jones, Jr., Albany, Ga., for defendants Cohen and Lorig.

Sherman Willis, Jesse Stone, Albany, Ga., for First State Bank & Trust and First National Bank of Albany.

ORDER

W. HOMER DRAKE, Bankruptcy Judge.

This case is before the Court on the debtor's objection to the proof of claim of the Internal Revenue Service. On July 12, 1983, this Court held a hearing on the debtor's objection, and the matter was taken under advisement. At that hearing, the government raised a procedural objection as to the pleadings. This Court finds that the government's objection is not fatal to the debtor's case.

The IRS had a claim...

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