Legal Opinion

In Re Diaz

United States Bankruptcy Court, C.D. California

Decided October 3, 2011No. RS 10-18846 MJPublishedCited by 6 opinions

1Opinion of the Court

OPINION RE TAX REFUNDS IN CHAPTER 13 PLANS

MEREDITH A. JURY, Bankruptcy Judge.

FACTS

The debtors, Marcos Vasquez Diaz and Alma Lawreen Diaz (“Debtors”), filed their Chapter 13 petition on March 26, 2010, at which time Rod Danielson (“Trustee”) was appointed chapter 13 trustee. Debtors filed their 2009 tax returns on April 30, 2010 and received their refund on or about June 2, 2010. Debtors listed in schedule B their 2009 expected tax refund of $4,000. Debtors also claimed the tax refund as exempt in Schedule C under C.C.P. § 703.140(b)(5), the wild card exemption. On March 3, 2011, Debtors filed…

2Cases cited20 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Gonzalez v. CrosbySupreme Court of the United States · 2005
  4. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  5. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010

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3Cited by6 opinions

  1. Danielson v. Flores (In Re Flores)Court of Appeals for the Ninth Circuit · 2012
  2. In re RamosUnited States Bankruptcy Court, D. Puerto Rico · 2013
  3. Zardinovsky v. Arctic Glacier Income FundDistrict Court, D. Delaware · 2017
  4. In re DiazUnited States Bankruptcy Court, W.D. Texas · 2018
  5. Danielson v. Flores (In Re Flores)Court of Appeals for the Ninth Circuit · 2012

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