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IN RE HUNDLEY

No. 09-1899.

603 F.3d 95 (2010)

In re Kirk HUNDLEY, Debtor. Janice Hundley, Plaintiff, Appellee, v. Janice G. Marsh, Trustee, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Kathleen R. Cruickshank, with whom D. Ethan Jeffery and Hanify & King were on brief, for appellant.

Todd B. Gordon, with whom Stephen F. Gordon and The Gordon Law Firm were on brief, for appellee.

Before BOUDIN, STAHL, and LIPEZ, Circuit Judges.

PER CURIAM.

The question raised by this adversary proceeding in the bankruptcy court is whether a non-debtor spouse is entitled to a portion of a prepetition tax refund, where the parties filed a joint return and the non-debtor spouse earned no income for the tax year for which the return was filed. Because a debtor's interest in property is defined by state law, Butner v. United States, 440 U.S. 48<...

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