IN RE SMITH

No. 08-1664-AJM-7A.

393 B.R. 205 (2008)

In re Johnny Richard SMITH, Cheryl Ann Smith, Debtors.

United States Bankruptcy Court, S.D. Indiana, Indianapolis Division.

August 28, 2008.


Attorney(s) appearing for the Case

Colby J. Leonard, Law Office of Colby J. Leonard, LLC, Indianapolis, IN, for Debtors.

Paul D. Gresk, Indianapolis, IN, for Thomas Krudy, Chapter 7 Trustee.

Peter Sklarew, Tax Division, Department of Justice, Washington, DC, Diane Worland, Special U.S. Attorney, IRS Division, Indianapolis, IN, for United States and IRS.

Nancy J. Gargula, United States Trustee.


ORDER GRANTING TRUSTEE'S MOTION FOR TURNOVER OF ECONOMIC STIMULUS REBATE and ALLOWING DEBTORS TEN (10) DAYS TO AMEND EXEMPTIONS

ANTHONY J. METZ, III, Bankruptcy Judge.

This matter came before the Court on June 12, 2008 upon the chapter 7 Trustee's motion for turnover of the Debtors' economic stimulus rebate (the "ESR")1 For the reasons that follow, the Court finds that ESR is property of the bankruptcy estate, subject to turnover...

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