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IN RE DEMBO

Bankruptcy No. 90-12653S, Adv. No. 90-0819S.

126 B.R. 195 (1991)

In re Clifton DEMBO, Jr., Debtor. Clifton DEMBO, Jr., Comprehensive Foreclosure Services, Plaintiffs, v. UNITED STATES of America, DEPARTMENT OF The TREASURY, INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

April 22, 1991.

Attorney(s) appearing for the Case

Jana Lyn Weisman, Paul Brooks, Community Legal Services, Philadelphia, Pa., for debtor.

John Sternberg, Lipman, Freiberg, Comroe & Hing, Philadelphia, Pa., for CFS.

Kathryn J. Brown, Trial Atty., Tax Div., Justice Dept., Washington, D.C., Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., for IRS.

Arthur P. Liebersohn, Philadelphia, Pa., Trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant adversary proceeding presents two questions relating to the effect of invocation of 11 U.S.C. § 506(a), (d) upon a federal tax lien concerning which no proof of claim has been filed: (1) May a debtor utilize 11 U.S.C. § 506(a), (d) to bifurcate a secured creditor's interest in the estate's interest in property when no proof of claim has been filed by or on behalf of...

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