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IN RE BABIARZ

Bankruptcy No. 80-20591.

5 B.R. 701 (1980)

In re Florian Robert BABIARZ, Debtor.

United States Bankruptcy Court, W.D. New York.

August 26, 1980.

Attorney(s) appearing for the Case

William J. Neild, Rochester, N.Y., for debtor.

Sheri Moore Humphrey, Tax Div., Dept. of Justice, Washington, D.C., for Internal Revenue Service.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

A Motion was brought by the debtor to have IRS turn over certain wages which the debtor contends were improperly levied upon after the petition in this case was filed. The debtor claims that this is in violation of § 362 of the Bankruptcy Code and the stay thereunder.

There is no dispute as to the facts. On April 29, 1980, IRS served a notice of wage levy on Rochester Products. On May...

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