In re Ruhl

474 B.R. 596, 2012 WL 2552966, 2012 Bankr. LEXIS 3001, 110 A.F.T.R.2d (RIA) 5085
United States Bankruptcy Court, N.D. Illinois·Decided July 2, 2012·No. No. 09 B 45933·Published·Cited by 2 cases

Opinion

MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Bankruptcy Judge.

This Chapter 7 bankruptcy case is before the court on the trustee’s motion to compel turnover of the debtor’s income tax refund. The only question in dispute is whether the debtor’s wife, who did not join in the bankruptcy case, owns half of the tax refund. If so, her share of the tax refund would not be payable to the trustee. As discussed below, however, the debtor owned the entire tax refund at the time of the bankruptcy filing. Under the Internal Revenue Code and Illinois property law, which determine ownership here, (1) the earnings of a married individual belong exclusively to that individual, (2) the tax deductions from those earnings create a credit for that individual’s tax liability, and (3) if the amount of the credit is greater than the amount needed to satisfy the individual’s tax liability, the resulting refund belongs only to that individual. Because the refund at issue here was entirely the result of the debtor’s withheld wages, it was his property at the time of the bankruptcy filing, and it became property of his bankruptcy estate subject to turnover. Accordingly, the trustee’s motion will be granted.

Jurisdiction

The federal district courts have “original and exclusive jurisdiction” of all cases under the Bankruptcy Code, 28 U.S.C. § 1334(a) (2006), but the district courts may refer these cases to the bankruptcy judges for their districts, 28 U.S.C. § 157(a). The District Court for the Northern District of Illinois has made such [598] a reference of all of its bankruptcy cases. N.D. Ill. Internal Operating Procedure 15(a).

Under 28 U.S.C. § 157(b)(1), a bankruptcy judge to whom a case has been referred may enter final judgment on any core proceedings arising under the Bankruptcy Code (Title 11, U.S.C.). 28 U.S.C. § 157(b)(1). The turnover of property to the trustee of a bankruptcy estate is a matter arising under § 542(a) of the Bankruptcy Code and is included in the list of core proceedings set out in 28 U.S.C. § 157(b). 28 U.S.C. § 157(b)(2)(E). The bankruptcy court is therefore authorized to enter a final judgment on the trustee’s motion.

Factual Background

The parties do not dispute the relevant facts. On December 4, 2009, Ronald W. Ruhl filed this case under Chapter 7 of the Bankruptcy Code. Ruhl is married, but his wife has never been a debtor in the case. For the 2009 calendar year, Ruhl and his wife filed a joint federal income tax return and received a $7,046 refund. The refund resulted solely from excess withholding of Ruhl’s earnings.

Andrew J. Maxwell was appointed trustee in the case. After reviewing Ruhl’s tax situation, the trustee filed a motion to compel Ruhl to turn over the tax refund, taking the position that the entire refund was property of the estate. Ruhl responded that he and his wife had a joint property interest in the refund and that only half of the refund was property of the estate subject to turnover. The parties have briefed the issue of ownership.

Conclusions of Law

The filing of a Chapter 7 bankruptcy case automatically creates an estate, 11 U.S.C. § 541(a), subject to administration by a trustee, 11 U.S.C. § 704(a). With exceptions not relevant here, the estate includes “all legal or equitable interests of the debtor in property as of the commencement of the case.” 11 U.S.C. § 541(a)(1). These property interests are not limited to items in the debtor’s personal possession but include both property of the debtor that is held by creditors, United States v. Whiting Pools, Inc., 462 U.S. 198, 205-06, 108 S.Ct. 2309, 76 L.Ed.2d 515 (1983), and property in which the debtor’s interest is contingent or is able to be enjoyed only in the future, In re Yonikus, 996 F.2d 866, 869 (7th Cir.1993) (citing Segal v. Rochelle, 382 U.S. 375, 379, 86 S.Ct. 511, 15 L.Ed.2d 428 (1966)). Section 542(a) of the Bankruptcy Code requires a debtor in possession of property of the estate to turn that property over to the trustee. Consistent with these principles, the parties agree that Ruhl is required to turn over to the trustee whatever interest he had, as of the filing of his bankruptcy case, in any tax refund that would be payable after the filing.1

The extent of Ruhl’s interest in the tax refund is not determined by the Bankruptcy Code. Rather, property rights are established by whatever law applies outside of bankruptcy. See Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979).

Initially, the right to an income tax refund is addressed by the Internal Revenue Code (Title 26, U.S.C.) (the “IRC”). The [599] IRC provides that personal earnings withheld for the payment of federal income taxes are “allowed to the recipient of the [withheld] income as a credit against the tax imposed.” 26 U.S.C. § 31(a)(1). If the credit resulting from withheld earnings is more than enough to pay the tax liability for the tax year corresponding to the calendar year in which the earnings were withheld, 26 U.S.C. § 31(a)(2), “the amount of such excess shall be considered an overpayment,” 26 U.S.C. § 6401(b)(1). An overpayment may be credited “against any liability in respect of an internal revenue tax on the part of the person who made the overpayment,” but if any such liability is satisfied, the government “shall ... refund any balance to such person.” 26 U.S.C. § 6402(a). Nothing in the IRC provides that the filing of a joint tax return changes these rules to permit the sharing of a refund.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Ruhl, 474 B.R. 596, 2012 WL 2552966, 2012 Bankr. LEXIS 3001, 110 A.F.T.R.2d (RIA) 5085 (Ill. 2012).

474 B.R. 596 (In re Ruhl) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Untitled Case
N.D. Illinois, 2025
Gerald O. McInerney
N.D. Illinois, 2019
Voiland v. Kimmell (In re Kimmell)
480 B.R. 876 (N.D. Illinois, 2012)