Legal Opinion

In Re Connors

United States Bankruptcy Court, D. Maine

Decided August 25, 2006No. 05-22866PublishedCited by 1 opinion

1Opinion of the Court

Memorandum, of Decision

JAMES B. HAINES, JR., Bankruptcy Judge.

This matter, submitted for decision on a stipulated record, presents a discrete question: Are funds received by Maine debtors in consequence of the federal Earned Income Tax Credit (“EITC”) and the Child Tax Credit (“CTC”) 1 exempt assets under Bankruptcy Code § 522(b)(2) 2 and Maine law? Notwithstanding strong policy arguments to the contrary, I conclude that the applicable statutes do not bestow exempt status on such funds. Accordingly, I -will sustain the bankruptcy trustee’s objection to the debtors’ exemption claims.

Background

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2Cases cited29 opinions

  1. Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
  2. In Re SteinmetzUnited States Bankruptcy Court, D. Idaho · 2001
  3. In Re GoertzUnited States Bankruptcy Court, W.D. Missouri · 1996
  4. Great Northern Paper, Inc. v. Penobscot NationSupreme Judicial Court of Maine · 2001
  5. In Re BrownUnited States Bankruptcy Court, W.D. Kentucky · 1995

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3Cited by1 opinion

  1. Kenneth L Raessler and Claudia D RaesslerUnited States Bankruptcy Court, D. Maine · 2020

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