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IN RE NICHOLS

Bankruptcy No. 2-02-01744-PHX-RJH. Adversary No. 03-00722.

309 B.R. 41 (2004)

In re James W. NICHOLS and Beverly Ann Nichols, Debtors. David A. Birdsell, Trustee, Plaintiff, v. James W. Nichols and Beverly Ann Nichols, Defendants.

United States Bankruptcy Court, D. Arizona.

May 4, 2004.

Attorney(s) appearing for the Case

Terry A. Dake, Esq., Phoenix, AZ, for Plaintiff-Trustee.

Michael J. Fatta, Esq., Glendale, AZ, for Debtors/Defendants.

OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

The issue here is whether a debtor's prepetition application of his right to tax refund to postpetition tax obligations constitutes an asset that must be turned over to the trustee pursuant to Bankruptcy Code § 542,1 even though on the petition date the debtor could not have recovered such asset from the IRS, and it was ultimately used to satisfy postpetition tax obligations...

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