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IN RE PHILLIPS

Bankruptcy No. 80-00647.

27 B.R. 94 (1983)

In re William F. PHILLIPS, Jr., Janet N. Phillips, Debtors.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

As Amended February 4, 1983.

Attorney(s) appearing for the Case

James D. Young, Falls Church, Va., for debtors.

Thomas M. Lawler, Trial Attorney, Tax Division, U.S. Dept. of Justice, Washington, D.C., for Dept. of Justice.

Elsie L. Munsell, U.S. Atty., Alexandria, Va., for U.S.

Gerald M. O'Donnell, Alexandria, Va., trustee in bankruptcy.

MEMORANDUM OPINION AND ORDER

MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.

The Trustee in Bankruptcy herein has objected to the Proof of Claim filed by the Internal Revenue Service on the basis that said claim was filed untimely. The debtors filed a voluntary petition under Chapter 13 of the Bankruptcy Code on June 24, 1980. The last date for filing a Proof of Claim in this proceeding was February 11, 1981.

It is the position of the Internal Revenue...

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