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MATTER OF DIAZ

No. 19-50982.

972 F.3d 713 (2020)

In the MATTER OF: Annette Marie DIAZ, Debtor, Annette Marie Diaz, Appellant, v. Mary K. Viegelahn, Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 26, 2020.

Attorney(s) appearing for the Case

J. Todd Malaise , Malaise Law Firm, San Antonio, TX, for Appellant.

Vanessa DeLeon Guerrero , Attorney, Office of the Chapter 13 Trustee, San Antonio, TX, for Appellee.

Tara Ann Twomey , Attorney, National Consumer Bankruptcy Rights Center, San Jose, CA, for Amici Curiae National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys.

Before Stewart, Clement, and Costa, Circuit Judges.

This appeal is about whether a provision in a local chapter 13 bankruptcy plan is valid. That provision—Section 4.1—requires that debtors in the Western District of Texas turn over to the bankruptcy trustee any tax refund amounts they receive in excess of $2,000. We hold that Section 4.1 is invalid...

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