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IN RE ROTH

Bankruptcy No. 01-10777. Adversary No. 03-1171.

301 B.R. 451 (2003)

In re Robert Q. ROTH, Jr., Debtor. Gary V. Skiba, Trustee, Movant, v. Internal Revenue Service, United States of America, Robert Q. Roth Jr. and Sally Roth, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

October 1, 2003.

Attorney(s) appearing for the Case

Gary V. Skiba, Erie, PA, Trustee Pro Se.

Gerald A. Role, Washington, DC, for Internal Revenue Service, United States of America.

Michael J. Graml, Erie, PA, for Robert Q. Roth, Jr.

Michael J. Visnosky, Erie, PA, for Sally Roth, Now by Marriage, Sally Smith.

Lawrence C. Bolla, Erie, PA, for Anne Kulhanek, Susan Uht and Barbara Smith.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Introduction

Robert Q. Roth, Jr. ("Debtor") filed a voluntary Petition under Chapter 11 of the Bankruptcy Code on April 13, 2001. By Order dated January 9, 2002, the case was converted to a proceeding under Chapter 7. Gary V. Skiba, Esq. ("Trustee") serves as Chapter 7 Trustee.

The Internal Revenue Service, United States of America ("IRS") filed Proof of Claim No. 21 (the "Claim"...

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