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Legal Opinion

In Re Evans

United States Bankruptcy Court, N.D. Georgia

Decided December 28, 2010No. 19-40234PublishedCited by 6 opinions

1Opinion of the Court

ORDER

Before the Court is the Objection to Exemption filed by Theo David Mann (hereinafter the “Trustee”). The Trustee asserts that Mrs. Evans’ exemption of a portion of the couple’s joint tax refund should be disallowed because no portion of the tax refund is property of Mrs. Evans’ bankruptcy estate. Accordingly, the Court must determine the ownership of the joint tax refund at the time Mr. and Mrs. Evans filed their Chapter 7 petition. This matter constitutes a core proceeding, over which this Court has subject matter jurisdiction. See 28 U.S.C. § 1334; § 157(b)(2)(B).

Background and…

2Cases cited12 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Ruth Gordon v. United StatesCourt of Appeals for the Eleventh Circuit · 1985
  3. Kleinfeldt v. Russell (In Re Kleinfeldt)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
  4. Van Lieshout v. Verill (In Re Verill)United States Bankruptcy Court, D. Maryland · 1982
  5. Loevy v. Aldrich (In Re Aldrich)United States Bankruptcy Court, W.D. Tennessee · 2000

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3Cited by6 opinions

  1. In re DuarteUnited States Bankruptcy Court, E.D. New York · 2011
  2. In re HragaUnited States Bankruptcy Court, N.D. Georgia · 2011
  3. In re NevinsUnited States Bankruptcy Court, D. New Hampshire · 2016
  4. Gerald O. McInerneyUnited States Bankruptcy Court, N.D. Illinois · 2019
  5. In re: Ernest D. PirronUnited States Bankruptcy Court, N.D. Illinois · 2025

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

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