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IN RE SZWYD

Bankruptcy No. 05-50837-HJB. Adversary No. 06-4274.

444 B.R. 10 (2011)

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

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

February 15, 2011.

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, Civil Trial, Northern, Washington, DC, for Defendants.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court are cross-motions for summary judgment filed by the plaintiff in this adversary proceeding (the Chapter 7 trustee in the underlying bankruptcy case) and the defendant United States of America (by the Internal Revenue Service) (the "United States" or the "IRS"). The Trustee has asked that this Court compel the IRS to marshal certain assets of the debtor on which the United States...

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