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IN RE KINCAID

Bankruptcy No. 92-10174, Adv. No. 92-1020.

148 B.R. 844 (1992)

In re Marion Leo KINCAID, Brenda G. Kincaid, Debtors. Marion Leo KINCAID, Brenda G. Kincaid, Plaintiffs, v. UNITED STATES of America VETERANS ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS; United States of America, Department of the Treasury, Internal Revenue Service, Defendants.

United States Bankruptcy Court, E.D. Kentucky, Ashland Division.

December 18, 1992.

Attorney(s) appearing for the Case

Henry B. Piper, Prestonsburg, KY, for debtors.

David E. Middleton, Asst. U.S. Atty., Lexington, KY, for the U.S.

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the Court on the parties' cross Motions for Summary Judgment. In this proceeding the plaintiffs seek a money judgment for the payment of their 1991 tax refund, which the defendant Internal Revenue Service ("I.R.S.") setoff against a deficiency on a loan to the plaintiffs guaranteed by the defendant Veterans Administration ("V.A."). The defendants (referred to hereinafter collectively...

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