Legal Opinion
Williamson v. Westby (In re Westby)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided February 4, 2013No. BAP No. KS-12-027; Bankruptcy No. 11-40986PublishedCited by 11 opinions
1Opinion of the Court
MICHAEL, Bankruptcy Judge.
The issue presented on appeal is whether a recently enacted Kansas statute exempting tax refunds attributable to the earned income credit for bankruptcy debtors is constitutional. The Chapter 7 trustee objected to the debtors’ claimed exemption, arguing the Kansas bankruptcy-only exemption statute violates the Uniformity and Supremacy Clauses of the United States Constitution. The bankruptcy court concluded the exemption statute did not violate these constitutional provisions and overruled the Trustee’s objection. Having reviewed the record and the applicable law, we…
2Cases cited20 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Singleton v. WulffSupreme Court of the United States · 1976
- Catlin v. United StatesSupreme Court of the United States · 1945
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
- In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
- Williamson v. Murray (In re Murray)Bankruptcy Appellate Panel of the Tenth Circuit · 2014
- In re HatchUnited States Bankruptcy Court, S.D. Iowa · 2014
- In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
6 more not listed; retrieve them via the Exa API.