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IN RE MANTZ

BAP No. EC-92-1224-JRP, Bankruptcy No. 988-03452.

151 B.R. 928 (1993)

In re Thomas A. MANTZ and Lynne D. Mantz, Debtors. UNITED STATES of America, INTERNAL REVENUE SERVICE, Appellant, v. Jack A. ULRICH, Trustee, Thomas A. Mantz and Lynne D. Mantz, Appellees.

United States Bankruptcy Appellate Panel, Ninth Circuit.

Decided March 24, 1993.

Attorney(s) appearing for the Case

Jeffrey R. Meyer, Washington, DC, for appellant, U.S.A./IRS.

Rolla L. Garretson Jr., Stockton, CA, for appellee, Jack A. Ulrich, Trustee.

Before JONES, RUSSELL, and PERRIS, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

BACKGROUND

Debtors Thomas and Lynne Mantz ("the Mantzes") filed their Chapter 7 petition on December 28, 1988 without listing the Internal Revenue Service ("IRS") on their schedules or providing other notice to the IRS.1 The Mantzes had failed to file tax returns for the years 1986 and 1987. The § 3412 meeting of creditors was scheduled for January...

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