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IN RE VAN GERPEN

No. 00-40866.

267 F.3d 453 (2001)

In the Matter of: Milton VAN GERPEN, Debtor. Security State Bank, Appellant, v. Internal Revenue Service, Appellee.

United States Court of Appeals, Fifth Circuit.

October 10, 2001.

Attorney(s) appearing for the Case

Harlin C. Womble, Jr. (argued), Jordan, Hyden, Womble & Culbreth, Corpus Christi, TX, for Appellant.

Joel L. McElvain (argued), David English Carmack, U.S. Dept. of Justice, Tax Div., Washington, DC, for Appellee.

Before POLITZ and BARKSDALE, Circuit Judges, and FALLON, District Judge.

POLITZ, Circuit Judge:

Security Bank appeals the district court's conclusion that the statutory term "commences distribution," in the context of a Chapter 7 liquidation, means the date when a bankruptcy court approves the trustee's final report. For the reasons assigned, we affirm.

BACKGROUND

On May 21, 1997, debtor Milton Van Gerpen filed a Chapter 7 bankruptcy petition. On August 11, 1997, the trustee assigned to Van Gerpen's estate retained a...

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