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MATTER OF OKWUKWU

Bankruptcy No. 97-80358-JAC-13, Adversary No. 97-80166.

210 B.R. 194 (1997)

In the Matter of Sonny L. OKWUKWU, SSN: 420-06-6330, Debtor. Sonny L. OKWUKWU, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, N.D. Alabama, Northern Division.

July 11, 1997.

Attorney(s) appearing for the Case

John Larsen, Bond, Botes, Sykstus, Larsen, P.C., Huntsville, AL, for plaintiff.

Richard O'Neal, Asst. U.S. Atty., Birmingham, AL, for defendant.

Philip Geddes, Decatur, AL, Chapter 13 Trustee.

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This cause came on to be heard upon the complaint filed by the debtor, Sonny Okwukwu ("Okwukwu"), seeking turnover pursuant to 11 U.S.C. § 542 of debtor's 1996 federal tax refund setoff by the IRS, post-petition, against debtor's 1991 tax debt. The IRS filed a motion to annul the automatic stay and validate the setoff of Okwukwu's tax refund and argues that the refund is not subject to turnover pursuant...

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