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In re Rice

In re Rice

Ruling
Chapter 13 trustee not entitled to full amount of tax refunds received by debtors and non- debtor spouses.
Procedural posture

In two bankruptcy cases, the Chapter 13 sought entitlement to the full amount of the refunds pursuant to the confirmation order that was entered in each case. In Case No. 09- 8310, debtor filed a Motion to Modify Confirmed Chapter 13 Plan. In Case No. 09-8888, the Chapter 13 Trustee filed a Motion to Dismiss for Failure to Comply with Order Confirming Plan.

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Consumer opinion summary, case decided on December 23, 2010 , LexisNexis #0211-131