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IN RE GARDNER

Bankruptcy No. 86-11972, Adv. No. 88-0031, Civ. No. 89-1006-K.

101 B.R. 654 (1989)

In re Billie Lamont GARDNER, Debtor. Terryl A. GARDNER, Plaintiff, v. William H. ZIMMERMAN, Jr., Trustee; and United States of America, Defendants.

United States District Court, D. Kansas.

June 13, 1989.

Attorney(s) appearing for the Case

J. Michael Morris, Wichita, Kan., for plaintiff.

William H. Zimmerman, Jr., Wichita, Kan., Virginia J. Cronan, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., Legal Dept. IRS, Wichita, Kan., for defendants.

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

The present case involves an appeal by the United States from the decision of the bankruptcy court in Gardner v. Zimmerman (In re Gardner), Ch. 7 Case No. 86-11972, Adv. No. 88-0031 (Bankr. D. Kan.1988). The bankruptcy court held that property awarded to the spouse of a debtor in a divorce decree is not subordinate to a tax lien filed on the debtor's property after the filing of the divorce...

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