Legal Opinion
In re Duarte
United States Bankruptcy Court, E.D. New York
Decided July 12, 2011No. 10-78606-regPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION
ROBERT E. GROSSMAN, Bankruptcy Judge.
This matter is before the Court pursuant to an objection by the Chapter 13 trustee (the “Trustee”) to confirmation of the Chapter 13 plan (“Plan”) proposed by Carlos Duarte (the “Debtor”). The Trustee bases his objection on the Debtor’s alleged failure to contribute all of his disposable income to the Plan pursuant to 11 U.S.C. § 1325(b)(1). The Trustee alleges that 100% of the State and Federal income tax refunds due the Debtor and the Debt- or’s non-filing spouse (the “Non-Debtor Spouse”) post-petition constitute property of the…
2Cases cited32 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Mead Corp.Supreme Court of the United States · 2001
- United States v. National Bank of CommerceSupreme Court of the United States · 1985
- Segal v. RochelleSupreme Court of the United States · 1966
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
27 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re RossUnited States Bankruptcy Court, E.D. New York · 2016
- In re NevinsUnited States Bankruptcy Court, D. New Hampshire · 2016
- Gerald O. McInerneyUnited States Bankruptcy Court, N.D. Illinois · 2019
- IRVING H. PICARD, Trustee for the Substantively Co v. SageUnited States Bankruptcy Court, S.D. New York · 2023
- In Re: Vernon 4540 Realty LLCDistrict Court, S.D. New York · 2022
2 more not listed; retrieve them via the Exa API.