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IN RE COASTAL BUS AND EQUIPMENT SALES, INC.

No. 03-11875-WCH.

330 B.R. 328 (2005)

In re COASTAL BUS AND EQUIPMENT SALES, INC., Debtor.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

September 14, 2005.

Attorney(s) appearing for the Case

James C. Gross, Klieman, Lyons, Schindler & Gross, Boston, MA, for Debtor.

Christopher M. Condon, Kevin J. Simard, Riemer & Braunstein LLP, David T. Mazzuchelli, MA Dept. of Revenue, Litigation Bureau, Michael R. Fiore, Special Assistant U.S. Attorney, Boston, MA, Peter M. Pearl, Smith, Gambrell & Russell, LLP, Atlanta, GA, Martha J. Awiszus, Winokur, Winokur, Serkey & Rosenberg, Plymouth, MA, Michael Lushan, Lushan, McCarthy & Goonan, Brookline, MA, Harold Owen Beede, Healey, Deshaies, Gagliardi & Woelfel, Amesbury, MA, James M. Donovan, Brown & Brown, P.C., Bedford, MA, Henry J. Riordan, U.S. Dept. of Justice, Washington, DC, for Creditors.

MEMORANDUM OF DECISION

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is a motion (the "Motion") by the Internal Revenue Service (the "IRS") seeking relief from the automatic stay to setoff pre-petition tax overpayments (the "Refund") against unpaid tax liabilities which Coastal Bus and Equipment Sales, Inc. (the "Debtor") incurred during the Chapter 11 case (the "Tax Liabilities"). Both the Chapter 7 Trustee...

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