Matter of Gonzalez

ORDER

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

Before the Court is the debtor’s motion to compel the Chapter 13 trustee to turn over the debtor’s federal income tax refund for the tax year 1982. The debtor has contended that as her confirmed Chapter 13 plan did not require her 1982 federal income tax refund to fund the plan the debtor is entitled to recover the income tax refund. The trustee, in response to the debtor’s position, has argued that (1) the Chapter 13 trustee receives the refund check as a result of § 542 1 ; and (2) pursuant to § 1302(b) 2 , the trustee has a duty to collect and…