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IN RE SUNRISE PAVING, INC.

Bankruptcy No. 94-5-5151-SD.

204 B.R. 691 (1996)

In re SUNRISE PAVING, INC., Debtor.

United States Bankruptcy Court, D. Maryland.

September 3, 1996.

Attorney(s) appearing for the Case

David W. Cohen, Baltimore, Maryland, for Debtor.

Sandra M. Jefferson, Special Assistant United States Attorney, Internal Revenue Service, Baltimore, Maryland, for the I.R.S.

Orbie R. Shively, Baltimore, Maryland, for Chapter 7 Trustee, George W. Liebmann.

MEMORANDUM OPINION DENYING MOTION TO COMPEL CHAPTER 7 TRUSTEE TO DISTRIBUTE FUNDS TO INTERNAL REVENUE SERVICE

E. STEPHEN DERBY, Bankruptcy Judge.

The Internal Revenue Service ("IRS") has moved for an order that compels the Chapter 7 Trustee to distribute to it certain funds from the bankruptcy estate. The IRS alleges the Debtor was holding these funds in trust for the IRS at the time it filed its bankruptcy petition. The Chapter 7 Trustee opposes the...

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