MATTER OF SCHMIDTHUBER

Bankruptcy No. BK81-384, Adv. No. A81-574.

18 B.R. 129 (1982)

In the Matter of John F. SCHMIDTHUBER, Jr., Debra J. Schmidthuber, Debtors. John F. SCHMIDTHUBER, Jr., Debra J. Schmidthuber, Plaintiffs, v. Richard MYERS, Defendant.

United States Bankruptcy Court, D. Nebraska.

February 23, 1982.


Attorney(s) appearing for the Case

James Hogan, Omaha, Neb., for debtors-plaintiffs.

Donald L. Swanson, Omaha, Neb., for trustee-defendant.


MEMORANDUM

DAVID L. CRAWFORD, Bankruptcy Judge.

In this adversary proceeding, plaintiffs, as debtors in a Chapter 7 proceeding, filed a complaint to recover from the defendant, Trustee of their estates, an income tax refund held by defendant which is claimed by the plaintiffs as exempt.

On February 24, 1981, plaintiffs filed their voluntary petition under Chapter 7 which failed to disclose the income tax refund which is the subject of this adversary...

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