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IN RE DILLARD

Bankruptcy No. 86 B 20285, Adv. No. 89 A 1084.

118 B.R. 89 (1990)

In re James & Josephine DILLARD d/b/a Dillard's Service Station, Debtors. James & Josephine DILLARD d/b/a Dillard's Service Station, Plaintiffs, v. UNITED STATES of America, INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, N.D. Illinois, E.D.

July 31, 1990.

Attorney(s) appearing for the Case

Forrest L. Ingram, J. Barton Kalish & Colleagues, Chicago, Ill., for plaintiffs.

Luanne S. DiMauro, Asst. U.S. Atty., Office of Dist. Counsel, I.R.S., Chicago, Ill., Mark A. Winer, U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

JACK B. SCHMETTERER, Bankruptcy Judge.

James and Josephine Dillard, d/b/a Dillard's Service Station, ("Plaintiffs") filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. The Internal Revenue Service ("IRS") filed a proof of claim and asserts that it holds a tax lien on all of Plaintiffs' property. Plaintiffs filed an objection to the IRS's claim and shortly thereafter filed...

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