IN RE MURRAY

Bankruptcy No. 93-21340-A-13.

193 B.R. 20 (1996)

In re John D. MURRAY and Bessie J. Murray, Debtors.

United States Bankruptcy Court, E.D. California, Sacramento Division.

February 8, 1996.


Attorney(s) appearing for the Case

Michael S. Noble, Sacramento, CA, for Debtors.

Thomas M. Rohall, Special Assistant U.S. Attorney, Sacramento, CA, for IRS.


MEMORANDUM OF DECISION

DAVID E. RUSSELL, Chief Judge.

The Internal Revenue Service ("the Service") seeks retroactive relief from the automatic stay under 11 U.S.C. § 362(d) in order to validate a tax assessment made in violation of the automatic stay. A hearing was held and the matter was taken under submission. For reasons set forth below, the court will deny the motion.

FACTUAL BACKGROUND

Prior to filing for bankruptcy, Debtors...

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