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IN RE PAYNE

Bankruptcy No. 97 B 39766. Adversary No. 01 A 00342.

283 B.R. 719 (2002)

In re John Howard PAYNE, Debtor. John Howard Payne, Plaintiff, v. United States of America, Defendant.

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

October 3, 2002.

Attorney(s) appearing for the Case

S. Ira Miller, Chicago, IL, for Plaintiff.

Mayer Y. Silber, Office of Chief Counsel, IRS, Chicago, IL, Mandee Rosler Rosenberg, U.S. Department of Justice, Tax Division, for Defendant.

MEMORANDUM OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

JACK B. SCHMETTERER, Bankruptcy Judge.

Background/History

John Howard Payne ("Plaintiff or Payne") is seeking a declaration that his liability for 1986 taxes due to the United States was discharged through his bankruptcy filing under Chapter 7. Payne filed his Petition on December 31, 1997. The United States Internal Revenue Service ("IRS or USA") was a scheduled creditor...

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