Legal Opinion
In Re Ferns
United States Bankruptcy Court, D. Arizona
Decided April 20, 1999No. Bankruptcy 98-05697-TUC-JMMPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
JAMES M. MARLAR, Bankruptcy Judge.
1. Overview
The court must determine whether an earned income credit (“EIC”) against federal income tax is property of the bankruptcy estate. Scott and Mary Ferns (“Debtors”) excluded their 1998 EIC refund from their listing of personal proper-' ty on the bankruptcy schedules. The Chapter 7 Trustee (“Trustee”) moved the court to determine that the EIC is property of the bankruptcy estate, and for turnover. 1
The EIC is available to low income workers through federal legislation, and is codified in the Internal Revenue Code (“IRC”) at 26…
2Cases cited29 opinions
- Arizona v. CaliforniaSupreme Court of the United States · 1983
- Segal v. RochelleSupreme Court of the United States · 1966
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
- Thomas G. Lovett, Trustee of the Bankruptcy Estate of John Peterson Motors, Inc., Donald John Peterson, Individually v. General Motors CorporationCourt of Appeals for the Eighth Circuit · 1992
24 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Williamson v. JonesCourt of Appeals for the Tenth Circuit · 2000
- In Re WebbUnited States Bankruptcy Court, W.D. Missouri · 1999
- Goldman v. United States (In re Schield)United States Bankruptcy Court, C.D. California · 1999
- In Re BuilderUnited States Bankruptcy Court, D. Arizona · 2007
- Eugene Davis solely in his capacity as Liquidating v. West Virginia State Tax DepartmentUnited States Bankruptcy Court, E.D. Missouri · 2021