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POPA v. PETERSON

No. 98-C-2270.

238 B.R. 395 (1999)

Luciano POPA, Debtor, and the United States of America, Appellants, v. Ronald R. PETERSON, Chapter 7 Trustee for the bankruptcy estate of Luciano Popa, Appellee.

United States District Court, N.D. Illinois, Eastern Division.

May 27, 1999.

Attorney(s) appearing for the Case

Ronald R. Peterson, David R. Seligman, Jenner & Block, Chicago, IL, Trustee for Bankruptcy Estate.

Xiaoming Wu, Peter Francis Geraci, Chicago, IL, for Debtor.

D. Patrick Mullarkey, Tax Division (DOJ), Washington, DC, District Counsel, Internal Revenue Service, District Director, Internal Revenue Service, Samuel D. Brooks, Stacy Hallett, Trial Attorney, Tax Division, Assistant U.S. Attorney, Chicago, IL, for IRS.

MEMORANDUM AND ORDER

MANNING, District Judge.

This matter is before the court on the appeals of Appellants Luciano Popa ("Popa") and the United States of America on behalf of the Internal Revenue Service ("IRS") from a judgment of the bankruptcy court determining that: (1) Popa's wife ("Spouse") was not entitled to a homestead exemption on certain real property under 735 ILCS 5/12-901 because Popa, not his Spouse, held title to that real property, and (2...

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