IN RE EISENBARGER

Bankruptcy No. 93-11055-AT.

160 B.R. 542 (1993)

In re Larry L. EISENBARGER, Debtor.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

August 9, 1993.


Attorney(s) appearing for the Case

Russell W. Craig, Sp. Asst. U.S. Atty., Alexandria, VA, for U.S.

Richard Hall, Annandale, VA, for debtor.

Gerald M. O'Donnell, Alexandria, VA, Chapter 13 trustee.


MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

This case comes before the court on motion by the Internal Revenue Service ("IRS") to determine whether the IRS' post petition receipt of debtor's business earnings, pursuant to a prepetition notice of levy, was property of the bankruptcy estate under 11 U.S.C. § 541 and therefore in violation of the turnover provisions of 11 U.S.C. § 542.

Hearing was held on the IRS' motion...

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