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IN RE BARROW

No. 01-11582 B.

306 B.R. 28 (2004)

In re Clyde B. BARROW, Debtor.

United States Bankruptcy Court, W.D. New York.

February 20, 2004.

Attorney(s) appearing for the Case

Penney, Maier & Wallach, Mark S. Wallach, of Counsel, Buffalo, NY, for Trustee.

Sullivan, Oliverio & Gioia LLP, B.P. Oliverio, of Counsel, Buffalo, NY, for Debtor.

Kevin M. Murphy, Buffalo, NY, for Internal Revenue Service.

CARL L. BUCKI, Bankruptcy Judge.

In the present dispute, a non-debtor spouse and the chapter 7 trustee of her husband's estate have asserted competing claims to an income tax refund. Highlighting the challenge of allocating this type of asset, the circumstances of this case invite a consideration of the special rights of an innocent spouse.

Clyde Barrow filed an individual petition for relief under chapter 7 of the Bankruptcy Code on March 22, 2001. Among...

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