Legal Opinion

In Re Barrow

United States Bankruptcy Court, W.D. New York

Decided February 20, 2004No. 2-19-20202PublishedCited by 23 opinions

1Opinion of the Court

CARL L. BUCKI, Bankruptcy Judge.

In the present dispute, a non-debtor spouse and the chapter 7 trustee of her husband’s estate have asserted competing claims to an income tax refund. Highlighting the challenge of allocating this type of asset, the circumstances of this case invite a consideration of the special rights of an innocent spouse.

Clyde Barrow filed an individual petition for relief under chapter 7 of the Bankruptcy Code on March 22, 2001. Among his outstanding debts was an obligation to the Internal Revenue Service in the amount of $3,821, for income taxes due for the 1995, 1996, and…

2Cases cited6 opinions

  1. Elizabeth N. Callaway v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2000
  2. Kleinfeldt v. Russell (In Re Kleinfeldt)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
  3. Loevy v. Aldrich (In Re Aldrich)United States Bankruptcy Court, W.D. Tennessee · 2000
  4. In Re HejmowskiUnited States Bankruptcy Court, W.D. New York · 2003
  5. Judson v. Levine (In Re Levine)United States Bankruptcy Court, S.D. Florida. · 1985

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

3Cited by23 opinions

  1. Carlson v. Moratzka (In Re Carlson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
  2. In Re InnisUnited States Bankruptcy Court, C.D. Illinois · 2005
  3. In Re MarcianoUnited States Bankruptcy Court, S.D. New York · 2007
  4. In Re LockUnited States Bankruptcy Court, S.D. Illinois · 2005
  5. In Re TrickettUnited States Bankruptcy Court, D. Massachusetts · 2008

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

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