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IN RE STOIBER

Bankruptcy No. 690-01491.

160 B.R. 307 (1993)

In re Francis Malachy STOIBER, Cheryl Ann Stoiber.

United States Bankruptcy Court, N.D. Ohio.

July 13, 1993.

Attorney(s) appearing for the Case

Edwin H. Breyfogle, Massillon, OH, for debtors.

Beverly Ortega Babers, Dept. of Justice, Washington, DC, for claimant, I.R.S.

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Chief Judge.

At issue in this case is the ability of the Internal Revenue Service (IRS) to amend a proof of claim filed on its behalf by the debtors pursuant to 11 U.S.C. § 501(c) and Fed.R.Bankr.P. 30041; a second, and larger, issue is whether, regardless of the debtors' filing of such a proof of claim, there is a basis for disallowing the subsequent offering by the IRS.

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