Legal Opinion
In Re Marciano
United States Bankruptcy Court, S.D. New York
Decided August 2, 2007No. 19-22464PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM DECISION DENYING TRUSTEE’S MOTION TO TURN OVER PROPERTY PURSUANT TO 11 U.S.C § 542
CECELIA G. MORRIS, Bankruptcy Judge.
This Chapter 7 dispute raises the question of what portion of an income tax refund filed jointly between a debtor and a non-debtor spouse must be turned over to the Chapter 7 Trustee (“Trustee”) as property of the debtor’s bankruptcy estate pursuant to 11 U.S.C. § 541. In this case, the Trustee demands turnover of the entire joint tax refund pursuant to 11 U.S.C. § 542 because the debtor’s income represented substantially all of the income listed on the refund. The…
2Cases cited10 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- 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
- Loevy v. Aldrich (In Re Aldrich)United States Bankruptcy Court, W.D. Tennessee · 2000
- In Re BarrowUnited States Bankruptcy Court, W.D. New York · 2004
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Carlson v. Moratzka (In Re Carlson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- Crowson v. Zubrod (In Re Crowson)Bankruptcy Appellate Panel of the Tenth Circuit · 2010
- In Re TrickettUnited States Bankruptcy Court, D. Massachusetts · 2008
- In Re GarbettUnited States Bankruptcy Court, E.D. Tennessee · 2009
- In Re GlennUnited States Bankruptcy Court, N.D. New York · 2010
12 more not listed; retrieve them via the Exa API.