IN RE: ROSEMARIE CURCIO, Debtor., 387 B.R. 278

Summary

The debtor was involved in a car accident while making a U-turn into oncoming traffic. One of the creditors sustained a serious, debilitating injury from the accident. The debtor had not been found at fault for the accident. The debtor's companion received $ 14,000 in equity from a parcel of real property when her father took title to the property from the companion. She showed that the money was paid to her to reimburse her for expenses she had incurred for repairs to the property. The check was payable to the companion, and was deposited in her joint checking account with the debtor. The evidence showed that the debtor held no equitable interest in the property, and that the proceeds were used solely by the companion to repay a debt. The funds could alternately be viewed as a tax refund, which was itself simply a repayment of debt, and hence did not constitute income. The debtor could not have received any proceeds because she held no equitable interest in the property. The debtor ...