Legal Opinion

Itule v. Heath (In Re Heath)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 15, 1995No. BAP Nos. AZ-94-2280-OvAsJ, AZ-94-2315-OvAsJ. Bankruptcy Nos. 94-00508-TUC-LO, 94-00806-TUC-JMMPublishedCited by 33 opinions

1Opinion of the Court

OPINION

OVERSTREET, Bankruptcy Judge:

In each of these cases, the Chapter 13 trustee appeals the denial of her request that the debtors be required to submit to the trustee any postpetition tax refunds received by the debtors during the first thirty-six months of their Chapter 13 plans. The facts of each case are straightforward and each case presents the same legal issue. Therefore, we deal with both cases in this Opinion. In each case, we AFFIRM.

I. FACTS

A. In re Heath

Anita S. Heath (“Heath”) filed a petition for relief, schedules, Statement of Financial Affairs and Plan on February 28, 1994.…

2Cases cited12 opinions

  1. Education Assistance Corporation v. William Wesley ZellnerCourt of Appeals for the Eighth Circuit · 1987
  2. Amfac Distribution Corp. v. Wolff (In Re Wolff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  3. In Re Robert John Price, Debtor. Roy E. Lompa v. Robert John PriceCourt of Appeals for the Ninth Circuit · 1989
  4. Fidelity & Casualty Co. of New York v. Warren (In Re Warren)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  5. In Re FriesUnited States Bankruptcy Court, E.D. Pennsylvania · 1986

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

3Cited by33 opinions

  1. Hamilton v. LanningSupreme Court of the United States · 2010
  2. Hagel v. Drummond (In Re Hagel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. Powers v. Savage (In Re Powers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  4. In Re OrawskyUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
  5. In Re QuartermanUnited States Bankruptcy Court, M.D. Florida · 2006

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

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