- 11 U.S.C.
In re Malewicz
Nov
04
2010
Ruling
Non-debtor spouse's failure to disgorge portion of post-confirmation tax refund did not constitute a default under the plan.
Procedural posture
A non-debtor spouse filed a motion for an order finding that his share of a post-confirmation joint tax refund did not have to be disgorged to a Chapter 13 trustee. The trustee opposed the motion on the grounds that the confirmed plan provided for the turnover. The issue before the court was whether the failure to surrender the non-debtor spouse's share of the tax refunds constituted a default under the plan.
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Court
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