IN RE BAROWSKY

No. 89-8047.

946 F.2d 1516 (1991)

In re Todd Allen BAROWSKY; Kody Sirentha Barowsky; Gregory O'Connell Roberson; Hanna Bailey Roberson, Debtors. Todd Allen BAROWSKY; Kody Sirentha Barowsky; Gregory O'Connell Roberson; Hanna Bailey Roberson, Appellants, v. Carol SERELSON, Trustee, Appellee.

United States Court of Appeals, Tenth Circuit.

October 24, 1991.


Attorney(s) appearing for the Case

Georg Jensen, Cheyenne, Wyo., for debtors-appellants.

Daniel L. Gibbs, Cheyenne, Wyo., for trustee-appellee.

Before SEYMOUR, BALDOCK, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

The issue we decide is whether the prepetition portion of a debtor's tax refund is property of the bankruptcy estate when the relevant tax year did not end until after the petition in bankruptcy was filed. The bankruptcy and district courts below held that it is. We affirm.

FACTS

Two cases have been consolidated for this appeal. In both cases the debtors claim they are entitled to the entire tax refund for the tax year ending...

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