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IN RE STIENES

No. 02-13057/JHW.

285 B.R. 360 (2002)

In re Charles J. and Patricia A. STIENES.

United States Bankruptcy Court, D. New Jersey.

July 31, 2002.

Attorney(s) appearing for the Case

Ronald DeSimone, Esq., Mt. Laurel, NJ, for debtors.

Lawrence P. Blaskopf, Esq., Trial Attorney, Tax Division, Washington, D.C., for U.S. Department of Justice.

John R. Morton, Jr., Moorestown, NJ, for Ford Motor Credit Co.

LETTER OPINION

JUDITH H. WIZMUR, Bankruptcy Judge.

Dear Counsel:

The debtors seek the release of their 2001 tax refund in the amount of $8,512.00 from the Internal Revenue Service ("IRS"), which is holding their refund as a setoff against other tax liabilities. The IRS cross-moves for relief from the automatic stay to exercise its setoff rights against the debtors' pre-petition tax liabilities.

The debtors filed a Chapter 13 petition on March...

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