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C.D. Illinois· 9/7/2005

In Re Innis

Citations

  • 331 B.R. 784
  • 2005 Bankr. LEXIS 1706
  • 96 A.F.T.R.2d (RIA) 6134
  • 2005 WL 2300292

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing overarching theme of martial partnership in Illinois law
  • requiring either a domestic relations court order or an enforceable, pre-petition contract between the spouses for an allocation other than equal ownership
  • rejecting consideration of the family’s historical finances, and holding that refund from a jointly-filed return should always be equally divided, subject only to a different ownership allocation from a prenuptial agreement or domestic court order
  • “That a debt- or’s rights in a tax refund are determined under state law is not subject to dispute. However, because a federal tax refund is a creature of federal tax law, rights created thereunder cannot be ignored.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thomas L. Perkins

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

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Sourced from CourtListener / Free Law Project (CC0).

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