Legal Opinion
In Re Rice
United States Bankruptcy Court, M.D. Florida
Decided December 23, 2010No. 9:09-bk-8310-ALP, 9:09-bk-8888-ALPPublishedCited by 2 opinions
1Opinion of the Court
ORDER REGARDING TURNOVER OF JOINT TAX REFUNDS TO CHAPTER 13 TRUSTEE
DAVID H. ADAMS, Bankruptcy Judge.
The debtors in the above cases received income tax refunds with their nondebtor spouses based on joint tax returns filed after the commencement of their bankruptcy cases. The issue before the Court is whether the Chapter 13 Trustee is entitled to the full amount of the refunds pursuant to the confirmation order that was entered in each case.
The Court finds that the Chapter 13 Trustee is not entitled to the full amount of the refunds because (1) an individual debtor’s interest in a joint refund…
2Cases cited11 opinions
- Ruth Gordon v. United StatesCourt of Appeals for the Eleventh Circuit · 1985
- In Re Michael Carmine Gallucci, Debtor. Angelina Gallucci v. Charles E. Grant, as TrusteeCourt of Appeals for the Eleventh Circuit · 1991
- In Re LaPlanaUnited States Bankruptcy Court, M.D. Florida · 2007
- Rosen v. United StatesDistrict Court, E.D. Pennsylvania · 1975
- Crowson v. Zubrod (In Re Crowson)Bankruptcy Appellate Panel of the Tenth Circuit · 2010
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re AscuntarUnited States Bankruptcy Court, S.D. Florida. · 2013
- JAMES J. GIBSON & DR. LORI G. GIBSON v. WACHOVIA BANKDistrict Court of Appeal of Florida · 2018