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Opinion 55

Case Name: 

In re Day

Judge: 
Judge Clark
Date: 
Sep-29-1982
Case Number(s): 
81C-3514
Status: 

UNPUBLISHED

Body: 

Debtors sought allowance of an exemption in a tax refund that they had orally assigned, prepetition, to a secured creditor. In making its decision, the court identified and resolved the following issues: (1) debtors could not rely on the Utah Exemptions Act, which does not include an exemption for tax refunds; (2) income tax refunds are property of debtors' estates pursuant to 11 U.S.C. § 541; (3) to the extent that assignment of the tax refund was valid, it constituted a security interest under Article 9 of Utah's UCC, it required perfection, but was not perfected. The request was denied.

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Opinion 55
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