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IN RE WOMACK

Bankruptcy No. 95-10030 S. Adv. No. 95-1004.

188 B.R. 259 (1995)

IN re Bruce and Beverly WOMACK. Bruce and Beverly WOMACK, Plaintiffs, v. UNITED STATES of America, INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, E.D. Arkansas, Batesville Division.

September 21, 1995.

Attorney(s) appearing for the Case

Raymond Weber, Little Rock, AR, for Plaintiffs.

Raymond Mulera, Tax Division, U.S. Dept. of Justice, Washington, DC, for Defendant.

A.L. Tenney, Trustee.

MEMORANDUM OPINION

MARY D. SCOTT, Bankruptcy Judge.

THIS CAUSE is before the Court upon a Complaint for Turnover filed by the debtors against the Internal Revenue Service (IRS). The IRS has responded and affirmatively requests relief from the automatic stay to allow the United States to offset a portion of its claim in this bankruptcy proceeding against the debtors 1994 overpayment. The debtors resist the motion and assert that their 1994 tax refund...

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