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IN RE SWALLEN'S, INC.

Nos. 01-8036, 01-8037.

269 B.R. 634 (2001)

In re SWALLEN'S, INC., Debtor. State of Ohio Department of Taxation and Ohio Bureau of Workers Compensation, Appellants, v. Swallen's, Inc., Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed November 19, 2001.

Attorney(s) appearing for the Case

Thomas J. Straus, Assistant Attorney General, Cincinnati, OH, Susan K. Cliffel, Assistant Attorney General, Columbus, OH, William P. Coley II, on brief, Law Office of William Coley II, Cincinnati, OH, for Appellants.

Thomas W. Coffey, Reuel D. Ash, Cors & Bassett, LLC, Cincinnati, OH, for Appellee.

Before BROWN, COOK, and MORGENSTERN-CLARREN, Bankruptcy Appellate Panel Judges.

OPINION

JOHN C. COOK, Bankruptcy Appellate Panel Judge.

The Ohio Department of Taxation and the Ohio Bureau of Workers Compensation bring this appeal from a decision of the bankruptcy court granting a motion by the Debtor, Swallen's, Inc., to distribute the funds remaining in its possession according to the distribution schedule in 11 U.S.C. § 507 and to dismiss its voluntary Chapter 11 case. For the reasons that follow, we reverse the...

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