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IN RE FEILER

BAP No. NC-98-1184-RyMeR, Bankruptcy No. 95-31075 DM, Adversary No. 97-3242 DM.

230 B.R. 164 (1999)

In re James Kenneth FEILER and Carol Elaine Feiler, Debtors. United States of America, Internal Revenue Service, Appellant, v. Edward F. Towers, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 9, 1999.

Attorney(s) appearing for the Case

David L. Denier, Assistant U.S. Attorney, San Francisco, CA, for U.S.A., Internal Revenue Service.

Michael J. McQuaid, Carr, McClellan, Ingersoll, Thompson & Horn, San Francisco, CA, for Edward F. Towers, Trustee.

Before: RYAN, MEYERS, and RUSSELL, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

Debtors James and Carol Feiler ("Debtors") elected to carry forward their net operating losses ("NOL") for the 1993 tax year approximately five months prior to filing their bankruptcy petition. After Debtors filed their chapter 71 bankruptcy petition, appellee Edward F. Towers, the chapter 7 trustee ("Trustee"), filed a complaint (the "Complaint") against the United States of America requesting...

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