Filed: Apr. 01, 2016
Latest Update: Apr. 01, 2016
Summary: ENTRY ON THE AMENDED MOTION FOR ENTRY OF AGREED ORDER RICHARD L. YOUNG , Chief District Judge . Before the court is the Amended Motion for Entry of Agreed Order filed by the United States of America. In the Amended Motion, the USA; Stephanie L. Brennan, Personal Representative of the Estate of Steven Frank Goble, Deceased; Carla Goble, First Savings Bank; Kraft Funeral Services; and the State of Indiana Department of Revenue, claimants, agree and stipulate that the September 24, 2015 Order
Summary: ENTRY ON THE AMENDED MOTION FOR ENTRY OF AGREED ORDER RICHARD L. YOUNG , Chief District Judge . Before the court is the Amended Motion for Entry of Agreed Order filed by the United States of America. In the Amended Motion, the USA; Stephanie L. Brennan, Personal Representative of the Estate of Steven Frank Goble, Deceased; Carla Goble, First Savings Bank; Kraft Funeral Services; and the State of Indiana Department of Revenue, claimants, agree and stipulate that the September 24, 2015 Order o..
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ENTRY ON THE AMENDED MOTION FOR ENTRY OF AGREED ORDER
RICHARD L. YOUNG, Chief District Judge.
Before the court is the Amended Motion for Entry of Agreed Order filed by the United States of America. In the Amended Motion, the USA; Stephanie L. Brennan, Personal Representative of the Estate of Steven Frank Goble, Deceased; Carla Goble, First Savings Bank; Kraft Funeral Services; and the State of Indiana Department of Revenue, claimants, agree and stipulate that the September 24, 2015 Order of the Floyd Circuit Court entitled "Order on Personal Representative's Final Account; Petition to Settle and Allow Account; and Petition for Hearing to Determine Payment of Claims, Distribute Assets Remaining, and Close Estate" should be modified to the extent that it determined the federal tax liens to be inferior to any other claim or interest and also to the extent that it authorized the distribution of any funds without first satisfying the federal tax liens. The parties request that the September 24 Order be modified to reflect the following final distributions from the estate:
1. Payment of administrative expenses from estate assets as follows:
A. $3,000 to Wyatt, Tarrant & Combs, LLP for attorney fees; and
B. $500 to Rodefer Moss for accounting fees.
2. $12,706.71 to Kraft Funeral Home for Funeral Expenses.
3. $45,343.90, or the remainder amount currently held by the estate, to the U.S. Department of Treasury.
4. $90,822.31, or the amount currently held by the Clerk of the Court, Floyd County, for the benefit of the estate creditors in this matter, to the U.S. Department of Treasury.
The court finds the Amended Motion for Agreed Order (Filing No. 12) should be and is hereby GRANTED. The Personal Representative is ORDERED to provide notice to the court when distributions have been completed. IT IS FURTHER ORDERED that this case shall be remanded to the Floyd Circuit Court, New Albany, Indiana, after the later of: (1) 60 days from the date of this Entry, or (2) five days after the date of the Personal Representative's notice of distributions.
The USA's Motion to Vacate State Court Order (Motion to Correct Error) (Filing No. 4) is DENIED as MOOT and the USA's Motion for Entry of Agreed Order (Filing No. 10) is also DENIED as MOOT.
SO ORDERED.
