IN RE COLEMAN AMERICAN COMPANIES, INC.

Bankruptcy Nos. 80-40155 to 80-40160, Adv. No. 82-0254.

26 B.R. 825 (1983)

In re COLEMAN AMERICAN COMPANIES, INC., American Properties, Inc., Coleman American Moving Services, Inc., A Kansas Corporation, Coleman American Moving Services, Inc., A Nebraska Corporation, Coleman American Moving Services, Inc., An Alabama Corporation, Coleman American Moving Services, Inc., A Louisiana Corporation, Debtors. UNITED STATES of America, Internal Revenue Service, Plaintiff, v. COLEMAN AMERICAN COMPANIES, INC., American Properties, Inc., Coleman American Moving Services, Inc., A Kansas Corporation, Coleman American Moving Services, Inc., A Nebraska Corporation, Coleman American Moving Services, Inc., An Alabama Corporation, Coleman American Moving Services, Inc., A Louisiana Corporation, Defendants.

United States Bankruptcy Court, D. Kansas.

January 13, 1983.


Attorney(s) appearing for the Case

R. Pete Smith, of McDowell, Rice & Smith, Kansas City, Kan., for debtors.

G. Scott Nebergall, Dept. of Justice, Washington, D.C., for I.R.S.


MEMORANDUM AND ORDER

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 11 proceeding, the debtor-in-possession objected to various IRS proofs of claim before confirmation. The hearing on this matter took place after confirmation of the plan of reorganization.

The issues presented for determination are:

1. Which party carries the burden of proof where the debtor objects to IRS proofs of claim.

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