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IN RE MITCHELL

Bankruptcy No. 88-01011.

116 B.R. 63 (1990)

In re Scott A. MITCHELL and Jean H. Mitchell, Debtors.

United States Bankruptcy Court, W.D. Virginia, Lynchburg Division.

March 29, 1990.

Attorney(s) appearing for the Case

Laurence P. Morin, Lynchburg, Va., Chapter 13 trustee.

R. Mitchell Garbee, Lynchburg, Va., for debtors.

R. Scott Clarke, Trial Attorney, Tax Div., U.S. Dept. of Justice, Washington, D.C., for I.R.S.

MEMORANDUM OPINION

WILLIAM E. ANDERSON, Bankruptcy Judge.

The issues presented to the court are: (1) whether to allow the filing of an amended proof of claim; and (2) whether the Chapter 13 trustee can recover the amount overpaid to a creditor and subsequently refunded to the debtors from either the creditor or the debtors.

The court will allow the filing of the amended proof of claim and will allow the trustee to recover the amount refunded to the...

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