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IN RE FIALKOWSKI

No. 12-12231 K.

483 B.R. 590 (2012)

In re Joshua F. FIALKOWSKI, Debtor.

United States Bankruptcy Court, W.D. New York.

December 3, 2012.

Attorney(s) appearing for the Case

Daniel F. Brown, Williamsville, NY, for Debtor.

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

The question before the Court is arcane and narrow. "May a Chapter 7 Trustee use 11 U.S.C. § 724(b)1 to administer property that is exempt for bankruptcy purposes, but is also subject to an Internal Revenue Service tax lien (and, in this case, a levy as well)?"

The Debtor argues a much broader proposition. He...

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