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IN RE SCHIELD

Bankruptcy No. SV98-22257-KL. Adversary No. SV98-01898-KL.

242 B.R. 1 (1999)

In re Brian E. SCHIELD, Debtor. Amy L. Goldman, Chapter 7 Trustee, Plaintiff, v. United States of America; The Internal Revenue Service, Defendants.

United States Bankruptcy Court, C.D. California.

August 13, 1999.

Attorney(s) appearing for the Case

Peter A. Davidson, Los Angeles, CA, for the Chapter 7 Trustee, Amy Goldman.

Richard Stack, United States Attorney's Office — Tax Division, Los Angeles, CA, for the Internal Revenue Service.

Henry Glowa, Los Angeles, CA, for debtor.

MEMORANDUM AND ORDER ON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AND IRS' MOTION FOR DETERMINATION THAT TAX OVERPAYMENT IS NOT PROPERTY OF THE ESTATE, OR ALTERNATIVELY, FOR RELIEF FROM STAY TO EFFECT AND APPROVE SETOFF

KATHLEEN T. LAX, Bankruptcy Judge.

Introduction and Procedural Background

Amy L. Goldman, Chapter 7 Trustee in the above-captioned case ("Trustee"), commenced an adversary proceeding against the Internal Revenue Service seeking...

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