In re Atwood

(Bankr. S.D. Ind. Issued June 23, 2014)

The bankruptcy court denies the debtors’ motion to exclude turnover of the portion of their tax refund based on a child tax credit. Even though the bankruptcy petition was filed prior to December 31, 2013, the date the debtors became eligible to receive the refund, the debtors had a contingent interest in the refund on the petition date. Thus, to the extent the refund was for an overpayment of taxes, it is property of the bankruptcy estate. Opinion below.

2014-06-23 – in re atwood

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