Case Conclusion Date: May 4, 2010
Practice Area: Bankruptcy / Chapter 7
Outcome: Memorandum Opinion
Description: Where a Debtor seeks to retain a tax refund in contravention of a filed Chapter 13 Plan, it is up to the Trustee to determine whether the amount is significant. If the Trustee determines that the amount is significant, the Debtor must file a Modified Plan in order to keep the proceeds. If the Trustee determines that the amount is immaterial, the Trustee and Debtor's Counsel may submit a stipulated order modifying the plan.