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IN RE TOWE

Bankruptcy No. 90-11695-7. Adv. No. 92/00133.

173 B.R. 197 (1994)

In re William Edward TOWE, a/k/a Edward Towe, and Cora Florence Towe, a/k/a Florence Towe, Debtors. Craig D. MARTINSON, Trustee, and United States of America, Internal Revenue Service and Montana Department of Revenue, Intervenors, Plaintiffs, v. William Edward TOWE, a/k/a Edward Towe, and Heartland Trust; S.O. Tow Trust; Towe Antique Ford Foundation; Lewis Rector Trust; Towe Farms, Inc., and Towe Foundation, Defendants.

United States Bankruptcy Court, D. Montana.

September 26, 1994.

Attorney(s) appearing for the Case

Sherry Scheel Matteucci, U.S. Atty., D. Mont., Victoria L. Francis, Asst. U.S. Atty., Kirk C. Lusty, Eric M. Casper, Trial Attys., Tax Div., U.S. Dept. of Justice, Washington, DC, for Craig Martinson, U.S., I.R.S.

Paul Van Tricht, Dept. of Revenue, Office of Legal Affairs, Helena, MT, for Montana Dept. of Revenue.

Carey Matovich, Billings, MT, for William Towe.

Thomas Towe, Billings, MT, for S.O. Tow Trust.

Gerald Murphy, Moulton Law Firm, Billings, MT, for TAFF, Heartland Trust, Lewis Rector Trust, Towe Farms, Inc., Towe Foundation.

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

In this adversary proceeding, the Chapter 7 bankruptcy Trustee and Intervenors, United States of America, Internal Revenue Service (IRS) and the Montana Department of Revenue (DOR) seek turnover of assets held by the various Defendants on grounds such assets are property of the bankruptcy estate under 11 U.S.C. § 541. Each Defendant resists the challenge. Trial of this cause was held on May 9, 10, and 11, 1994...

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