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IN RE RUGGERI ELEC. CONTRACTING, INC.

Bankruptcy Nos. 93-49180-R, 95-4059-R.

185 B.R. 750 (1995)

In re RUGGERI ELECTRICAL CONTRACTING, INC., Debtor. UNITED STATES of America, Plaintiff, v. Paul BOROCK, Trustee, et al., Defendants.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

August 24, 1995.

Attorney(s) appearing for the Case

Karen A. Smith, Tax Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, for plaintiff.

Timothy Miller, Detroit, MI, for defendants, trustee.

Robert Gordon, Southfield, MI, for defendant Electrical Workers Fund.

SUPPLEMENTAL OPINION

STEVEN W. RHODES, Chief Judge.

This adversary proceeding was filed by the IRS to determine whether funds levied by the Internal Revenue Service ("IRS") 20 days prior to the involuntary petition are property of the estate. The IRS contends that the notice of levy divested the debtor of its interest in the property. The trustee and the Electrical Workers' Fringe Benefit Fund ("Electrical Workers") argue that it did not. All three...

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