U.S. v. FAGIN

Nos. SA-99-CA-1030-OG, SA-99-CA-1031-OG.

252 B.R. 118 (2000)

UNITED STATES of America (INTERNAL REVENUE SERVICE), Appellant, v. Milton I. FAGIN, Appellee.

United States District Court, W.D. Texas, San Antonio Division.

May 4, 2000.


Attorney(s) appearing for the Case

G. Hobart Miller, Department of Justice, Dallas, TX, for United States of America, Internal Revenue Service, Appellant.

Milton I. Fagin, San Antonio, TX, Milton I. Fagin, Appellee, Pro se.


OPINION AND ORDER AFFIRMING THE BANKRUPTCY COURT

ORLANDO L. GARCIA, District Judge.

Milton I. Fagin ("Fagin") is the debtor in this Chapter 13 proceeding. The United States Internal Revenue Service filed a proof of claim based on tax liens it had filed against Fagin's homestead. The IRS listed a portion of its claim as secured. Fagin objected to the claim, arguing that his parents' lien against his homestead is superior to the IRS's, and that after his parents...

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