Legal Opinion

Marilyn Marshall v. Denise Blake

Court of Appeals for the Seventh Circuit

Decided March 22, 2018No. 17-2809PublishedCited by 25 opinions

1Opinion of the Court

Flaum, Circuit Judge.

*1069 Appellee Denise L. Blake is a below-median income debtor who filed for Chapter 13 bankruptcy. In her proposed bankruptcy plan, Blake sought to retain her annual earned income tax credit and a portion of her tax over-withholdings. Trustee Marilyn O. Marshall objected to confirmation of Blake's plan, arguing that Blake is required to turn over her entire tax refund for use as additional plan payments. The bankruptcy court confirmed the plan over Marshall's objection. In doing so, it agreed with Marshall that tax credits are income under the Bankruptcy Code that must be…

Also in this document: Concurring in the judgment.

2Cases cited34 opinions

  1. City and County of San Francisco v. SheehanSupreme Court of the United States · 2015
  2. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  3. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  4. Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
  5. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011

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3Cited by25 opinions

  1. Florence Mussat v. IQVIA, Inc.Court of Appeals for the Seventh Circuit · 2020
  2. In re TaborUnited States Bankruptcy Court, N.D. Illinois · 2018
  3. Franchise Servs. of N. Am., Inc. v. U.S. Tr. (In Re Franchise Servs. of N. Am., Inc.)Court of Appeals for the Fifth Circuit · 2018
  4. In re WadeCourt of Appeals for the Seventh Circuit · 2019
  5. In re DiazUnited States Bankruptcy Court, W.D. Texas · 2018

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