IN RE BROWN

No. 90 C 1764.

126 B.R. 767 (1991)

In re George BROWN, Jr., Debtor. George BROWN, Jr., Plaintiff, v. The EVANSTON BANK & Internal Revenue Service, Defendants.

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

February 15, 1991.


Attorney(s) appearing for the Case

Gregory K. Stern, Chicago, Ill., for plaintiff.

Benjamin R. Norris, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., Mayer Y. Silber, Sp. Asst. U.S. Atty., Chicago, Ill., for I.R.S.

Catherine C. MacCarthy, Robert E. Shapiro, Barack, Ferrazzano, Kirschbaum & Perlman, Chicago, Ill., for the Evanston Bank.


ORDER

NORGLE, District Judge.

Before the court is an appeal by the Internal Revenue Service ("IRS") from an order of the Bankruptcy Court compelling the turnover of bank account funds upon which the IRS had levied prior to the filing of the bankruptcy petition of debtor George Brown, Jr. ("Brown"). For the reasons discussed below, the Bankruptcy Court's decision is reversed.

FACTS

On November 9, 1987, the IRS assessed a $20,871.67 delinquent...

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