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IN RE SZWYD

Bankruptcy No. 05-50837-HJB. Adversary No. 06-02474.

394 B.R. 230 (2008)

In re Edward R. SZWYD, Debtor. Jack E. Houghton, Jr., Chapter 7 Trustee, Plaintiff v. The United States of America, Department of the Treasury, Internal Revenue Service and Edward R. Szwyd, Defendants.

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

April 14, 2008.

Attorney(s) appearing for the Case

Jack E. Houghton, Jr., Pittsfield, MA, pro se.

Alex Case, Wendy J. Kisch, USDOJ-Tax Division, Washington, DC, Richard I. Isacoff, Pittsfield, MA, for Defendants.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

In this Adversary Proceeding, the Chapter 7 trustee in bankruptcy requests that the Court compel the United States to marshal certain assets of the debtor on which the United States holds tax liens, in order to preserve funds of the bankruptcy estate for unsecured creditors. Now before this Court is the "United States' Motion to Dismiss" (the "Motion to Dismiss") filed by the Defendant United...

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