- 11 U.S.C.
In re Smith
Aug
28
2008
Ruling
Economic stimulus rebate was estate property where right to the rebate arose prior to petition date.
Procedural posture
The debtors filed for chapter 7 bankruptcy protection after the Economic Stimulus Act (2008 Act), Pub. L. No. 110-185, 122 Stat. 613 (2008), became effective. The chapter 7 trustee filed a motion for turnover of the debtors' economic stimulus rebate (ESR). Pursuant to the bankruptcy court's request, the IRS filed an amicus brief.
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Court
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