IN RE ABA RECOVERY SERVICE, INC.

Bankruptcy No. 86-04700-LM11.

110 B.R. 484 (1990)

In re ABA RECOVERY SERVICE, INC., dba Bay Park Towing, Golden State Towing, Debtor.

United States Bankruptcy Court, S.D. California.

January 31, 1990.


Attorney(s) appearing for the Case

James P. Hill, Hill & MacKinnon, San Diego, Cal., for trustee.

David L. Buchbinder, San Diego, Cal., for Marcelle Egley, movant.

Thomas Dombrowski, District Counsel, I.R.S., San Diego, Cal., for IRS.


MEMORANDUM DECISION

LOUISE DeCARL MALUGEN, Bankruptcy Judge.

The question before the Court is whether the trustee may direct allocation of payments made to the IRS on post-petition trust fund tax liabilities incurred during the Chapter 11 case. Upon due consideration, the Court finds she has authority to permit the trustee to do so where exceptional or special circumstances exist, or it would be equitable to do so.

The Court has jurisdiction to hear...

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