Legal Opinion

Hundley v. Marsh

Massachusetts Supreme Judicial Court

Decided March 7, 2011No. SJC-10729PublishedCited by 3 opinions

1Opinion of the CourtCowin, J.

This case arises from the bankruptcy proceeding of Kirk Hundley (husband). At issue is the ownership of a Federal tax refund originating from a joint income tax return filed by Janice Hundley (plaintiff) and her husband. Only the husband generated income in the relevant tax year. The trustee of the husband’s bankruptcy estate, Janice Marsh (trastee), claimed the entire refund for the estate. The case is before us on certified questions of State law from the United States Court of Appeals for the First Circuit. See S.J.C. Rule 1:03, as amended, 382 Mass. 700 (1981). The questions follow.

“1.…

2Cases cited16 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Segal v. RochelleSupreme Court of the United States · 1966
  3. Van Lieshout v. Verill (In Re Verill)United States Bankruptcy Court, D. Maryland · 1982
  4. Providence & Worcester Railroad v. Energy Facilities Siting BoardMassachusetts Supreme Judicial Court · 2009
  5. In Re BarrowUnited States Bankruptcy Court, W.D. New York · 2004

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3Cited by3 opinions

  1. In re DuarteUnited States Bankruptcy Court, E.D. New York · 2011
  2. JAMES J. GIBSON & DR. LORI G. GIBSON v. WACHOVIA BANKDistrict Court of Appeal of Florida · 2018
  3. In re NevinsUnited States Bankruptcy Court, D. New Hampshire · 2016

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