Bankruptcy Case No. 98-92502.United States Bankruptcy Court, C.D. Illinois.
June 16, 2004
OPINION
GERALD FINES, Chief Judge, Bankruptcy
This matter having come before the Court on a Motion for Turnover filed by the Debtor and Objection to Motion for Turnover filed by the Illinois Department of Public Aid; the Court, having heard arguments of counsel and examined the pleading and the record of Debtor’s bankruptcy proceeding, makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure.
The material facts in this matter are not in dispute. Prior to the Debtor’s filing for relief under Chapter 7 of the Bankruptcy Code, the Illinois Department of Public Aid received assignment of a child support arrearage claim against the Debtor. In collecting on this arrearage claim, the Illinois Department of Public Aid began intercepting the Debtor’s income tax refunds, which included, at the very least, the years 2000, 2001, and 2002 tax years. In his Motion for Turnover, the Debtor seeks to have these refunds returned, arguing that his discharge of December 28, 1998, discharged the obligation to the Illinois Department of Public Aid such that the refunds were taken in error.
Pursuant to the clear provisions of 11 U.S.C. § 523(a)(5)(A), this debt was properly assigned to the Illinois Department of Public Aid and is a non-dischargeable debt. See: In reStovall, 721 F.2d 1133 (7th Cir. 1983); In re Beattie,150 B.R. 699 (Bankr. S.D. Ill. 1993); In re Bullock, 199 B.R. 54
(Bankr. W.D. Mo. 1996); and In re Pitts, 262 B.R. 482
(Bankr. W.D. Mo. 2001). Given the fact that the debt in question is a non-dischargeable debt, the Illinois Department of Public Aid is perfectly within its rights to continue collection on that
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debt until it is paid in full. As such, the Motion for Turnover must be denied as having no basis in law or in fact, and the Objection to Motion for Turnover must be allowed.
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ORDER
For the reasons set forth in an Opinion entered on the 16th day of June 2004;
IT IS HEREBY ORDERED that the Motion for Turnover filed by the Debtor on April 23, 2004, is DENIED.