Weinman v. Graves (In re Graves)
Jun
29
2010
Ruling
Only portion of tax refund attributed to prepetition earnings and reverting to debtors after application to next year's taxes was subject to turnover.
Procedural posture
Pursuant to 11 U.S.C.S. § 542(a), appellant bankruptcy trustee filed a motion for turnover of appellee debtors' tax refund for a particular tax year. A Tenth Circuit Bankruptcy Appellate Panel denied the motion, finding that the debtors' interest in the tax refund, which was irrevocably applied prepetition to the debtors' taxes for the next tax year, was not subject to turnover under § 542(a). The trustee challenged the judgment.
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Court
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Judge or Jurisdiction information not available