1016 Motion for Administration
Jan 10, 2012OUTCOME: Continued administration of Chapter 13 case
Expired debtor in 13 with motion to dismiss
Mission Viejo, CA
Bankruptcy and debt Lawyer at Mission Viejo, CA
Practice Areas: Bankruptcy & Debt, Personal Injury ... +2 more
OUTCOME: Continued administration of Chapter 13 case
Expired debtor in 13 with motion to dismiss
OUTCOME: Tax refunds received post-petition but accrued prepetition are property, not income, and are not subject to turnover to the Chapter 13 Trustee
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.
OUTCOME: Granted
Motion to allow personal representative to appear on behalf of deceased Chapter 13 debtor for purpose of continuation of plan
OUTCOME: Claim withdrawn (large client savings)
SSA filed claim for $38K. Claim was deficient and untimely.