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IN RE REMILLONG

Bankruptcy No. 90-10992-013, Adv. No. 90/00296.

131 B.R. 727 (1991)

In re Lane Robert REMILLONG, Debtor. Lane Robert REMILLONG, Plaintiff, v. UNITED STATES of America, on behalf of the INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, D. Montana.

May 15, 1991.

Attorney(s) appearing for the Case

Stephen C. Mackey, Towe, Ball, Enright & Mackey, Billings, Mont., for debtor.

Doris M. Poppler, U.S. Atty., Frank D. Meglan, Asst. U.S. Atty., Billings, Mont., Jeffrey D. Snow, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

In this adversary proceeding, the Plaintiff, a Chapter 13 Debtor, seeks to recover a preference from the Defendant which allegedly resulted from the setoff of a tax refund of $583.00, which was applied against the Debtor's 1980 income tax deficiency. The matter is pending on the Defendant's Motion to Dismiss the Amended Complaint on grounds the Complaint fails to state a claim for relief against the Defendant. Because...

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