Legal Opinion

Warfield v. Salazar (In Re Salazar)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 14, 2012No. BAP No. AZ-11-1551-DJuPa. Bankruptcy No. 08-11597-JMMPublishedCited by 9 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge.

During their bankruptcy case, the chapter 13 1 debtors received and spent tax refunds that were property of their bankruptcy estate under § 541 of the Bankruptcy Code. The debtors ultimately failed to confirm a chapter 13 plan and converted their case to chapter 7. The bankruptcy court denied the chapter 7 trustee’s motion requesting that the debtors be compelled to pay into their chapter 7 estate the amount of the prepetition tax refunds. We AFFIRM.

I.FACTS

Appellees Timothy Andrew Salazar and Gena Annette Salazar (the “Salazars”) filed a chapter 13 petition on…

2Cases cited14 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Ratzlaf v. United StatesSupreme Court of the United States · 1994
  4. Segal v. RochelleSupreme Court of the United States · 1966
  5. First Avenue West Building, LLC v. JamesCourt of Appeals for the Ninth Circuit · 2006

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3Cited by9 opinions

  1. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  2. Kenneth Brown v. Christopher BarclayCourt of Appeals for the Ninth Circuit · 2020
  3. Aceituno v. VowellDistrict Court, E.D. California · 2014
  4. Breanna Dee MadridUnited States Bankruptcy Court, W.D. Washington · 2023
  5. Camerina GomezUnited States Bankruptcy Court, C.D. California · 2019

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

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