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IN RE ABERNATHY

Bankruptcy No. 86 B 08694, Adv. No. 88 A 00681.

150 B.R. 688 (1993)

In re William R. ABERNATHY and Peggy V. Abernathy, Debtors. William R. ABERNATHY and Peggy V. Abernathy, Plaintiffs, v. UNITED STATES of America, Defendant.

United States Bankruptcy Court, N.D. Illinois, E.D.

February 16, 1993.

Attorney(s) appearing for the Case

Kevin Sprow, McKenzie & McKenzie, Chicago, IL, for debtor, plaintiff.

Benjamin Norris, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, for defendant.

MEMORANDUM, OPINION AND ORDER

ROBERT E. GINSBERG, Bankruptcy Judge.

This matter comes before the court on the motion of the Debtors, William and Peggy Abernathy, for summary judgment on Counts II and III of their second amended complaint against the United States. For the reasons stated below, this court grants summary judgment for the Debtors on Count II, but denies summary judgment on Count III.

FACTS

On June 4, 1986, the Debtors filed...

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