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IN RE McNITT

Bankruptcy No. 91-00302-13, Adv. No. 91-6177.

139 B.R. 21 (1992)

In re McNITT, Lyman L., Debtor. Lyman L. McNITT, Debtor and Barry Zimmerman, Trustee, Plaintiffs, v. UNITED STATES INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, D. Idaho.

January 24, 1992.

Attorney(s) appearing for the Case

Randal J. French, Boise, Idaho, for plaintiffs.

Keith P. Duet, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

The plaintiffs in this adversary proceeding, a chapter 13 debtor and his chapter 13 trustee, want the attachment lien of the Internal Revenue Service of the United States (IRS) avoided on the debtor's interest in the Idaho Power Company employees stock option plan. The plaintiffs' cause of action is based on the theory the debtor's interest in the employee stock option plan is a security and thus the lien...

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