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IN RE GREENE

Civ. A. No. CV292-91, Bankruptcy No. 91-20384-BKC-TCB.

145 B.R. 714 (1992)

In re Susan W. GREENE, Debtor. UNITED STATES of America, Appellant, v. Susan W. GREENE, Appellee.

United States District Court, S.D. Georgia, Brunswick Division.

July 8, 1992.

Attorney(s) appearing for the Case

Grady W. Henry, Jesup, Ga., for Susan M. Greene.

Lawrence B. Lee, Savannah, Ga., Sean O'Connor, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., Sylvia Ford Brown, Savannah, Ga., for I.R.S.

William F. Hinesley, III, Savannah, Ga., for Sylvia Ford Brown, Chapter 13 Trustee.

ORDER

ALAIMO, District Judge.

The United States, on behalf of the Internal Revenue Service ("IRS"), appeals from an Order of the Bankruptcy Court in which it was determined that the IRS was improperly collecting taxes from the husband of debtor Susan M. Greene in violation of the co-debtor stay, 11 U.S.C. § 1301, and the automatic stay, 11 U.S.C. § 362. That Order makes the IRS's tax claims contingent, in that the IRS may collect payments only...

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