IN RE MARCIANO

No. 07-35107CGM.

372 B.R. 211 (2007)

In re Sandra MARCIANO, Debtor.

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

August 2, 2007.


Attorney(s) appearing for the Case

Thomas Genova, Wappingers Falls, NY, Chapter 7 Trustee.

Simon Haysom, Goshen, NY, for Debtor.


MEMORANDUM DECISION DENYING TRUSTEE'S MOTION TO TURN OVER PROPERTY PURSUANT TO 11 U.S.0 § 542

CECELIA G. MORRIS, Bankruptcy Judge.

This Chapter 7 dispute raises the question of what portion of an income tax refund filed jointly between a debtor and a non-debtor spouse must be turned over to the Chapter 7 Trustee ("Trustee") as property of the debtor's bankruptcy estate pursuant to 11 U.S.C. § 541. In this case, the Trustee...

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