10th Circuit BAP Denies Bankrtupcy Trustee Motion for Turnover of Tax Refund

The Tenth Circuit Bankruptcy Appellate Panel, in Weinman v. Graves (In re Graves), BAP No. CO 08-038, affirmed a lower court decision denying a bankruptcy trustee's' motion for turnover of a debtor couple's prepetition tax refund, which they had applied to the following year's taxes, reasoning that that the funds were not in the debtor couple's possession, custody, or control.

Posted by Lewis J. Saret, General Editor, Wealth Strategies Journal.