In Re Schick

DECISION & ORDER

CARL L. BUCKI, Chief Judge.

The Chapter 7 trustee has brought the present motion to compel the turnover of an alleged interest of the debtor in certain tax refunds as of the date of bankruptcy filing. For the reasons set forth herein, the trustee’s motion is denied.

Kim Schick filed a petition for relief under Chapter 13 of the Bankruptcy Code on November 30, 2009. At the confirmation hearing, the Chapter 13 trustee reported that the debtor’s primary non-exempt asset was an anticipated tax refund. Although the debtor had not yet filed her income tax returns, the trustee…