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Opinon re Tax Refunds in Chapter 13 Plans

Case Conclusion Date: 10.03.2011

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.

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