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IN RE CESPEDES

No. 07-02420-5-ATS.

393 B.R. 403 (2008)

In re Natalie Marie CESPEDES, Debtor.

United States Bankruptcy Court, E.D. North Carolina, Raleigh Division.

September 8, 2008.

Attorney(s) appearing for the Case

William E. Brewer, Jr., Raleigh, NC, for the Debtor.

Lawrence P. Blaskopf, U.S. Department of Justice, Washington, DC, for the United States.

ORDER ALLOWING OBJECTION TO CLAIM

A. THOMAS SMALL, Bankruptcy Judge.

The matter before the court is the objection filed by the chapter 13 debtor, Natalie Marie Cespedes, to the claim (Claim No. 1) filed by the Internal Revenue Service. A hearing took place in Raleigh, North Carolina on August 19, 2008.

The primary issue before the court is whether the 10% early withdrawal liability incurred by a debtor pursuant to 26 U.S.C. § 72(t) when, prior...

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