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IN RE FORTE

Bankruptcy Nos. 094-70708-511, 094-70710-511, 094-70711-511.

234 B.R. 607 (1999)

In re Michael FORTE, Setre Corporation, Foreal Homes, Inc., Debtors.

United States Bankruptcy Court, E.D. New York.

May 6, 1999.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson & Peddy, P.C. by Ronald M. Terenzi, Garden City, NY, for Michael Forte.

Geoffrey J. O'Connor, Southhampton, NY, Special Counsel for debtor Michael Forte.

United States Department of Justice, Tax Division by Gregory S. Nickerson, Bartholomew Cirenza, Washington, DC, for Internal Revenue Service.

DECISION AFTER EVIDENTIARY HEARING

MELANIE L. CYGANOWSKI, Bankruptcy Judge.

Michael Forte ("Forte" or the "Debtor") filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code on March 24, 1994. On December 18, 1996, the Debtor moved for an Order reducing claim number 13 filed by the United States Department of the Treasury, Internal Revenue Service ("IRS"). The IRS' original proof of claim was filed on August 2, 1994 and asserted...

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