French v. Cahill (In re Cahill)

Ruling: 
Economic stimulus rebate was property of the estate as debtor filed petition after effective date of Stimulus Act.
Procedural posture: 
Defendant debtors filed a petition under chapter 7 of the Bankruptcy Code and plaintiff trustee was appointed to represent the bankruptcy estate. The trustee filed an action against the debtors, seeking a judgment declaring that an Economic Stimulus Rebate (ESR) in the amount of $ 1,200 the debtors received from the government was property of the debtors'bankruptcy estate. The trustee filed a motion for summary judgment.
Issue: 
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-119