Opinon re Tax Refunds in Chapter 13 Plans

Stephen Nathan Doan

Case Conclusion Date:October 3, 2011

Practice Area:Bankruptcy & Debt

Outcome:Tax refunds received post-petition but accrued prepetition are property, not income, and are not subject to turnover to the Chapter 13 Trustee

Description:Debtors scheduled and exempted pre-petition tax refunds. Chapter 13 trustee argued that pre-petition returns received after case filed should be pledged in the Chapter 13 plan.