In Re Schulke 09-65100-fra13

Thomas A McAvity

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.

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