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IN RE JOHNS

Civ.A. Nos. 99-2521 (SMO), 99-1880(JEI). Bankruptcy Nos. 97-15413, 97-199904.

242 B.R. 265 (1999)

In the Matter of Harry JOHNS and Claire Johns, Debtors. In the Matter of Harris L. Klear and Betty G. Klear, Debtors. State of New Jersey, Appellant, v. United States of America, Appellee.

United States District Court, D. New Jersey.

October 7, 1999.

Attorney(s) appearing for the Case

Charles M. Flesch, Trial Attorney, Tax Division, U.S. Department of Justice, Washington, DC., Dayna L. Olson, Trial Attorney, Tax Division, U.S. Department of Justice, Washington, DC., Carol Johnston, Deputy Attorney General, Department of Public Law & Public Safety, Division of Law, Trenton, NJ, Leonard R. Wizmur, Wizmur & Gordon, Marlton, NJ, for Harris and Betty Klear

Jeffrey Jenkins, Jenkins & Clayman, Haddon Heights, NJ, for Harry and Claire Johns.

OPINION

IRENAS, District Judge.

Presently before this Court is the State of New Jersey, Division of Taxation's appeal from two Bankruptcy Court orders granting debtors' motions objecting to the secured claims of the State.1 The United States had an interest in both cases because the State alleged that its tax lien was choate and therefore entitled to priority over a United States Internal...

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