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KOKOSZKA v. BELFORD

No. 73-5265.

417 U.S. 642 (1974)

94 S.Ct. 2431

41 L.Ed.2d 374

KOKOSZKA v. BELFORD, TRUSTEE IN BANKRUPTCY.

Supreme Court of United States.

Decided June 19, 1974.

Attorney(s) appearing for the Case

Thomas R. Adams argued the cause for petitioner. With him on the briefs were Joanne S. Faulkner, Joseph Dean Garrison, Jr., Frederick W. Danforth, Jr., John T. Hansen, and Michael H. Weiss.

Benjamin R. Civiletti, by invitation of the Court, 415 U.S. 956, argued the cause as amicus curiae in support of the judgment below. With him on the brief was Harry D. Shapiro.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari in this case, 414 U.S. 1091 (1973), to resolve the conflict among the Courts of Appeals on the questions of whether an income tax refund is "property" under § 70a (5) of the Bankruptcy Act1 and whether, assuming that all or part of such tax refund is property which passes to the trustee, the Consumer Credit...

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