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First Circuit Bankruptcy - Is a Tax Refund Property of the Estate

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The First Circuit Bankruptcy Appellate Panel held that a tax refund of pre-petition earnings is property of the estate. In Matos v. Rivera , the trustee objected to the debtor listing his future tax refund and exemption of it on his schedules.  In the ensuing hearing, the bankruptcy judge agreed with the trustee and held that the tax refund constituted disposable income.  The debtor appealed to the First Circuit BAP.  The BAP reversed the prior decision and found the tax refund to be property of the estate. 


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