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IN RE WESLEY

No. 10-43242 (DHS).

455 B.R. 383 (2011)

In re Joseph and Leonie Wesley.

United States Bankruptcy Court, D. New Jersey.

August 10, 2011.

Attorney(s) appearing for the Case

Scura, Mealey, Wigfield & Heyer, LLP, Joseph J. Reilly, Esq. , Wayne, NJ, for Debtors.

Paul J. Fishman, Esq. , United States Attorney, Beatriz T. Saiz, Esq. , Trial Attorney, Tax Division, Washington, DC, for Creditor, Internal Revenue Service.

LETTER OPINION ORIGINAL FILED WITH THE CLERK OF THE COURT

DONALD H. STECKROTH, Bankruptcy Judge.

Dear Counsel:

Before the Court is a motion by Joseph and Leonie Wesley ("Debtors"), pursuant to 11 U.S.C. § 506(b), to reclassify the penalty portion of the Internal Revenue Service's ("IRS") proof of claim from secured to general unsecured. The IRS opposes the motion, arguing that the IRS's lien is secured to the extent of the Debtors' interest...

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