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IN RE MALEWICZ

No. 8-09-74807-reg.

457 B.R. 1 (2010)

In the Matter of Susan MALEWICZ, Debtor.

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

November 4, 2010.

Attorney(s) appearing for the Case

William M. Gearty, Esq. , Nesconset, NY, for Debtor.

MEMORANDUM DECISION

ROBERT E. GROSSMAN, Bankruptcy Judge.

Before the Court is a motion (the "Motion"), by the Debtor's non-filing spouse, Jay Grotenstein (the "Non-Debtor Spouse"), which seeks an order of this Court finding that his share of a post-confirmation joint tax refund need not be disgorged to the chapter 13 trustee (the "Trustee"). In opposition, the Trustee argues that the confirmed chapter 13 plan (the "Plan") provides for the turn over...

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