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IN RE AL COPELAND ENTERPRISES, INC.

Bankruptcy No. 91-12575-FM.

133 B.R. 837 (1991)

In re AL COPELAND ENTERPRISES, INC., Debtor.

United States Bankruptcy Court, W.D. Texas, Austin Division.

October 11, 1991.

Attorney(s) appearing for the Case

Mark Browning, Asst. Atty. Gen., Bankruptcy Section, Atty. Gen. of State of Tex., Austin, Tex.

R. Glen Ayers, Jr., Cox & Smith, Inc., San Antonio, Tex., for Committee of Unsecured Creditors.

Adrian M. Overstreet, Overstreet, Winn & Edwards, P.C., Austin, Tex., for debtor-in-possession.

John H. Tate, II, Oppenheimer, Rosenberg, Kelleher & Wheatley, Inc., San Antonio, Tex. (J. Ronald Trost, P.C., Sidley & Austin, Los Angeles, Cal., Thomas E. Pitts, Jr., Sidley & Austin, New York City, of counsel), for Canadian Imperial Bank of Commerce.

MEMORANDUM OPINION

FRANK R. MONROE, Bankruptcy Judge.

On August 9, 1991, the Court held a hearing on the State of Texas' Amended Motion for Adequate Protection of Interest in Trust Funds. In its Motion, the State requested that sales taxes collected prepetition by the Debtor be determined trust funds and be entitled to statutory interest provided by state law until paid. The Debtor admitted its liability for the principal amount of the taxes owed but resisted...

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