Legal Opinion
In Re Spina
United States Bankruptcy Court, E.D. New York
Decided September 24, 2009No. 1-19-40737PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION REGARDING TURNOVER OF TAX REFUND
ALAN S. TRUST, Bankruptcy Judge.
Issues Before the Court and Summary of Decision
Pending before the Court is the Motion to Turnover Property Under Section 521(a)(4) (“Motion”) filed by the chapter 7 Trustee Kenneth Kirschenbaum (“Trustee”). At issue are refunds of prepetition federal and state income taxes paid by Debtor and his non-debtor spouse. The aggregate amount of the refunds is $8,136.00. The Trustee has requested that this Court direct the Debtor to turn over $5,636.00 as the nonexempt portion of the tax refunds. Debtor asserts that…
2Cases cited10 opinions
- Robert J. Musso v. Tanya OstashkoCourt of Appeals for the Second Circuit · 2006
- Kleinfeldt v. Russell (In Re Kleinfeldt)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
- In Re BarrowUnited States Bankruptcy Court, W.D. New York · 2004
- Carlson v. Moratzka (In Re Carlson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- In Re HejmowskiUnited States Bankruptcy Court, W.D. New York · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Newman v. Schwartzer (In Re Newman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- In Re GlennUnited States Bankruptcy Court, N.D. New York · 2010
- In re DuarteUnited States Bankruptcy Court, E.D. New York · 2011
- Gerald O. McInerneyUnited States Bankruptcy Court, N.D. Illinois · 2019
- In re: Ernest D. PirronUnited States Bankruptcy Court, N.D. Illinois · 2025