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IN RE TERWILLIGER'S CATERING PLUS, INC.

Bankruptcy No. 1-87-02314, Adv. No. 1-87-0169.

86 B.R. 937 (1988)

In re TERWILLIGER'S CATERING PLUS, INC., Debtor. E. Hanlin BAVELY, Trustee, Plaintiff, v. STATE of Ohio, DEPARTMENT OF LIQUOR CONTROL, and State of Ohio, Department of Taxation, and Department of the Treasury, Internal Revenue Service, Defendants.

United States Bankruptcy Court, S.D. Ohio, W.D.

June 2, 1988.

Attorney(s) appearing for the Case

Robert A. Goering, Cincinnati, Ohio, for debtor.

E. Hanlin Bavely, Cincinnati, Ohio, trustee.

Chester T. Lyman, Jr., Asst. Atty. Gen., Columbus, Ohio.

Ronald T. Jordan, Office of District Counsel, Cincinnati, Ohio.

DECISION

BURTON PERLMAN, Chief Judge.

This matter involves the determination of the rights to proceeds upon the transfer of a liquor license by a Chapter 7 trustee. It is essentially a contest between the State of Ohio, Department of Liquor Control and Department of Taxation (State) and the Internal Revenue Service (IRS), the trustee no longer having an interest in the fund.

The debtor, holder of a liquor license, filed a bankruptcy petition under...

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