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IN RE SZWYD

Bankruptcy No. 05-50837-HJB. Adversary No. 06-04274.

394 B.R. 242 (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.

September 8, 2008.

Attorney(s) appearing for the Case

Richard I. Isacoff, Pittsfield, MA, for Debtor.

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

Alex Case, Wendy J. Kisch, U.S. Department of Justice, Tax Division, Washington, DC, for Defendant.

MEMORANDUM OF DECISION ON DEFENDANTS' MOTION FOR RECONSIDERATION

HENRY J. BOROFF, Bankruptcy Judge.

Before this Court is the United States' "Motion to Reconsider 4/14/08 Decision Denying U.S. Motion to Dismiss Marshaling Claim (Raising Sovereign Immunity)" (the "Motion to Reconsider"), filed in the above-captioned adversary proceeding.1 The order complained of permits the Chapter 7 trustee (the "Trustee") to raise the...

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