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IN RE LARRY'S MARINELAND OF RICHMOND, INC.

Bankruptcy No. 90-51914. Adv. No. 93-5008.

166 B.R. 871 (1993)

In re LARRY'S MARINELAND OF RICHMOND, INC., Debtor. Robert J. BROWN, Trustee, Plaintiff, v. UNITED STATES of America INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, E.D. Kentucky, Lexington.

December 20, 1993.

Attorney(s) appearing for the Case

Ann E. Samani, Lexington, KY, for Robert J. Brown, Trustee.

Charles H. Keen, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, and David Middleton, Lexington, KY, for U.S.I.R.S.

MEMORANDUM OPINION

JOE LEE, Chief Judge.

This matter is before the court on the motion of the plaintiff chapter 7 trustee, pursuant to 11 U.S.C. § 502(d), for summary judgment disallowing the claim of the defendant United States of America Internal Revenue Service until such time as the IRS remits to the trustee the sum of $2,571.01. This sum represents a prepetition payment made by the debtor to the IRS, which the trustee alleges is avoidable...

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