Opinion
Case No. 6:05-bk-17359-ABB.
June 21, 2006
ORDER DENYING MOTION TO RECOVER EIC CHECK
This matter came before the Court on the Motion to Recover EIC Check Submitted to Trustee filed by Hector L. Ilarraza and Lourdes E. Ilarraza (the "Debtors"). (Doc. No. 31). An evidentiary hearing on the Motion was held on May 25, 2006 at which counsel for the Chapter 7 Trustee and the Debtors appeared pro se. The Debtors were provided 21 days to seek additional information from their tax preparer in support of their Motion. A second motion was filed by the Debtors on June 14, 2006 (Doc. No. 35), containing no further legal basis in support of the Motion. After reviewing the pleadings and evidence, hearing argument, and being otherwise fully advised in the premises, the Court finds that the tax refund was a result of a child tax credit rather than earned income credit. The Debtors' Motions to Recover EIC Check are without legal basis and are due to be DENIED.
Accordingly, it is
ORDERED, ADJUDGED and DECREED that the Debtors' Motions to Recover EIC Check are DENIED.
DONE AND ORDERED.