- 11 U.S.C.
Warfield v. Salazar (In re Salazar)
Apr
05
2012
Ruling
Refund received and spent prior to conversion from chapter 13 to chapter 7 properly held not to be property of the estate.
Procedural posture
Trustee challenged a ruling of the U.S. Bankruptcy Court for the District of Arizona denying a motion to compel appellee debtors, who had filed a chapter 13 that was converted to a chapter 7, to pay over funds received as a tax refund during the pendency of the chapter 13 case. Debtors had successfully claimed that as they had spent the funds, the refund no longer constituted "estate property" per 11 U.S.C.S. § 348(f)(1)(A).
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Court
:
Judge or Jurisdiction information not available