IN RE SOUTHEAST RAILROAD CONTRACTORS, INC.

Bankruptcy No. 1-93-10780.

235 B.R. 619 (1996)

In re SOUTHEAST RAILROAD CONTRACTORS, INC., Debtor.

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

August 15, 1996.


Attorney(s) appearing for the Case

Thomas E. Ray, Chattanooga, Tennessee, Trustee for the Estate.

Shannon L. Hough, Trial Attorney, Tax Division, U.S. Department of Justice, Washington DC.


MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This case is before the court on the trustee's objection to the claim filed by the Internal Revenue Service ("IRS"). The proof of claim filed by IRS asserts a secured claim based on a tax lien, but the trustee disputes this claim and insists that IRS is in fact an unsecured creditor with respect to certain preference recoveries effected by the trustee. The trustee also seeks to "prime" IRS' secured claim...

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