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IN RE A & J AUTO SALES, INC.

Bankruptcy No. 95-12233-MWV, Adv. No. 95-1212-MWV.

205 B.R. 676 (1996)

In re A & J AUTO SALES, INC., Debtor. A & J AUTO SALES, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States Bankruptcy Court, D. New Hampshire.

December 24, 1996.

Attorney(s) appearing for the Case

Geraldine Karonis, Assistant U.S. Trustee, Manchester, NH, for UST J. Christopher Marshall.

Diane M. Puckhaber, Rogers & Puckhaber, Concord, NH, for Plaintiff A & J Auto Sales, Inc.

Beth A. Westerman, U.S. Department of Justice, Washington, DC, for Defendant U.S.

MEMORANDUM OPINION

MARK W. VAUGHN, Bankruptcy Judge.

The Court has before it the motion of the United States ("IRS") to dismiss the Debtor's complaint or for summary judgment. A & J Auto Sales, Inc. ("Debtor") filed a complaint alleging that the IRS willfully violated the automatic stay.

This Court has jurisdiction of the subject matter and the parties pursuant to 28 U.S.C. §§ 1334 and 157(a) and the "Standing Order of Referral...

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