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IN RE MATHEWS

BAP No. 97-8014.

209 B.R. 218 (1997)

In re Robert S. MATHEWS, Debtor. UNITED STATES of America, INTERNAL REVENUE SERVICE, Plaintiff-Appellant, v. Robert S. MATHEWS, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided June 16, 1997.

Attorney(s) appearing for the Case

Glenn J. Melcher, U.S. Department of Justice, Tax Division, Washington, DC, for Appellant.

Robert S. Mathews, Akron, OH, for Appellee.

Before: LUNDIN, RHODES, and WALDRON, Bankruptcy Appellate Panel Judges.

OPINION

The United States of America appeals bankruptcy court orders requiring turnover to the debtor of $697.40 received by the Internal Revenue Service after the debtor's bankruptcy petition pursuant to a prepetition levy on the debtor's wages. Compelling facts and a mistaken interpretation of the debtor's exemption rights require reversal of the bankruptcy court.

I. ISSUE ON APPEAL

The issue is: Whether the bankruptcy court erred by ordering...

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