Legal Opinion

In Re Donnell

United States Bankruptcy Court, W.D. Texas

Decided December 5, 2006No. 19-30363PublishedCited by 13 opinions

1Opinion of the Court

Decision and Order on Trustee’s Motion to Compel Debtors to Turn Over Portion of 2005 Federal Income Tax Refund

LEIF M. CLARK, Bankruptcy Judge.

Before the Court is a Motion by the chapter 7 trustee (“Trustee”) seeking to compel turnover of a portion of the married debtors’ 2005 income tax refunds. The Court must determine whether the bankruptcy estate is entitled to any portion of the debtors’ federal income tax refunds for the tax year during which the debtors filed for Chapter 7 bankruptcy. For the reasons stated below, the motion is GRANTED IN PART and DENIED IN PART.

Facts

Mr. & Mrs. Donnell…

2Cases cited21 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. Kokoszka v. BelfordSupreme Court of the United States · 1974
  3. Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
  4. Lockwood v. Exchange BankSupreme Court of the United States · 1903
  5. In Re Prudential Lines Inc.Court of Appeals for the Second Circuit · 1991

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3Cited by13 opinions

  1. In Re MeyersCourt of Appeals for the Seventh Circuit · 2010
  2. In Re TrickettUnited States Bankruptcy Court, D. Massachusetts · 2008
  3. In Re GartmanUnited States Bankruptcy Court, D. South Carolina · 2007
  4. In Re Crescent Resources, LLCUnited States Bankruptcy Court, W.D. Texas · 2011
  5. Osherow Ex Rel. Estate of Rhinesmith v. Wells Fargo Home Mortgage, Inc. (In Re Rhinesmith)United States Bankruptcy Court, W.D. Texas · 2011

8 more not listed; retrieve them via the Exa API.

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