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IN RE LUTZ

No. 97-72678.

241 B.R. 172 (1998)

In re Sidney A. LUTZ and Diane C. Lutz, Debtors. George P. Dakmak, Trustee, Plaintiff-Appellant, v. United States of America, Defendant-Appellee.

United States District Court, E.D. Michigan, Southern Division.

August 12, 1998.

Attorney(s) appearing for the Case

Robert A. Peurach, Fitzgerald & Dakmak, Detroit, MI, for Plaintiffs.

Peter Sklarew, Department of Justice — Tax Division, Washington, DC, Patricia G. Gaedeke, United States Attorney's Office, Detroit, MI, Karen A. Smith, Department of Justice — Tax Division, Washington, DC, for Defendants.

MEMORANDUM AND ORDER

COHN, District Judge.

I.

This is a chapter 7 bankruptcy appeal. 28 U.S.C. § 158. George P. Dakmak, the bankruptcy trustee in this proceeding (the trustee), commenced an adversary proceeding against the United States Internal Revenue Service (IRS) to recover a preferential payment made by the debtors to the IRS. The trustee says the IRS received a greater percentage than it would have if the debtors' assets had been distributed...

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