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IN RE WINN'S STORES, INC.

Bankruptcy No. 94-50533-RBK.

177 B.R. 253 (1995)

In re WINN'S STORES, INC., Debtor.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

January 12, 1995.

Attorney(s) appearing for the Case

Kathryn C. Mallory, Haynes & Boone, L.L.P., San Antonio, TX, Larry D. Hennin, Baer, Marks & Upha, New York City, for debtor Winn's Stores, Inc.

Kirk Swinney, McCreary, Veselka, Bragg & Allen, P.C., Austin, TX, for Taxing Units.

OPINION

RONALD B. KING, Bankruptcy Judge.

The question in this case is whether a debtor in possession can avoid pre-petition ad valorem tax liens on personal property. Various tax creditors1 (the Taxing Units) claim pre-petition liens on certain inventory and equipment previously located in three stores closed after the filing of this Chapter 11 case by the debtor in possession, Winn's Stores, Inc. (Winn's). Some of the inventory...

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