Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

Lee v. Walro, 508 B.R. 399 (S.D. Ind., March 31, 2014) (Pratt). To determine what portion of a tax refund, payable jointly to a debtor and a debtor’s non-filing spouse, is property of a Chapter 7 estate, the Court must apply the “separate filings rule” and analyze what each taxpayer would have received had they filed separate tax returns.

Case Summary

Lester and Brenda Lee filed a joint tax return for the 2011 tax year and were scheduled . . .

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