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MATTER OF QUENZER

No. 93-2070.

19 F.3d 163 (1993)

In the Matter of Fred August QUENZER and Jamie Quenzer, Debtors. Fred August QUENZER and Jamie Quenzer, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

November 30, 1993.

Attorney(s) appearing for the Case

Edgar A. Goldberg, Ruth E. Salek, Larry Campagna, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for appellants.

Melanie R. Urban, Sp. Asst. U.S. Atty., Houston, TX, Manuel P. Lena, Jr., Tax Div., U.S. Dept. of Justice, Dallas, TX, Sara S. Holderness, Gary R. Allen, Chief Appellate Section, Tax Div., U.S. Dept. of Justice, Gary D. Gray, Washington, DC, for appellee.

Before POLITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge, and DAVIDSON, District Judge.

POLITZ, Chief Judge.

Fred August Quenzer and Jamie Quenzer appeal an adverse summary judgment affirming a ruling by the bankruptcy court that certain taxes, penalties, and interest were not discharged. Concluding that the government's action is time barred we reverse and render judgment in favor of the Quenzers.

Background

The essential facts are not in dispute. In September 1986 the Quenzers filed a Chapter 13 petition which was converted...

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