Smith v. Mosier (In Re Smith)

McFEELEY, Bankruptcy Judge.

Debtor/Appellant Janerae F. Smith appeals from the bankruptcy court’s Order Disallowing Debtor’s Claimed Exemption in Tax Refunds (“Order”) entered May 14, 2007. In disallowing Smith’s claimed exemption, the bankruptcy court concluded that certain tax refunds representing excess withholding from distributions of otherwise exempt income could not be traced as proceeds from an exempt fund under Utah Code Ann. § 78B-5-507 (2008). 1

At the time of this appeal, there was no controlling precedent in the appellate courts of the State of Utah on the issue of whether pursuant…