Cohen v. Borgman (In Re Borgman)

EBEL, Circuit Judge.

This appeal presents the question of whether the amount of a federal tax refund equivalent to the “nonrefundable” portion of the child tax credit of 26 U.S.C. § 24(a) is exempt from a bankruptcy debt- or’s estate under Colorado Revised Statutes § 13-54-102(l)(o). That statute exempts from a bankruptcy estate “[t]he full amount of any federal or state income tax refund attributed to an earned income tax credit or a child tax credit.” Id. The Bankruptcy Appellate Panel held that the disputed refunds were exempt. Exercising jurisdiction under 28 U.S.C. § 158(d)(1), we REVERSE.