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IN RE CHAVIS

No. 94-3083.

47 F.3d 818 (1995)

In re John R. CHAVIS and Betty E. Chavis, Debtors. UNITED STATES of America, INTERNAL REVENUE SERVICE, Plaintiff-Appellant, v. John R. CHAVIS and Betty E. Chavis, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1995.

Attorney(s) appearing for the Case

Gary D. Gray, Randolph L. Hutter (argued), Gary R. Allen, Acting Chief (briefed), U.S. Dept. of Justice, Appellate Section, Tax Div., Washington, DC, for plaintiff-appellant.

Pamela Nan Maggied (argued and briefed), Columbus, OH, for defendants-appellees.

Before: JONES, CONTIE, an MILBURN, Circuit Judges.

CONTIE, Circuit Judge.

Chapter 13 debtors objected to an untimely proof of claim filed by the Internal Revenue Service ("IRS"). The bankruptcy and district courts disallowed the IRS's untimely claim. We affirm.

I.

Defendants-appellees John R. and Betty E. Chavis (the "debtors") filed a voluntary petition under Chapter 13 of the Bankruptcy Code on May 23, 1991. Plaintiff-appellant IRS received notice of the filing.

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