In Re Builder

UNDER ADVISEMENT DECISION TRUSTEE’S MOTION TO COMPEL TURNOVER

CHARLES G. CASE, II, Bankruptcy Judge.

Trustee Lawrence J. Warfield seeks turnover of Debtor Helen Builder’s 2005 federal tax refund of $2,725. Debtor, who is appearing pro se with respect to this motion, claims the tax refund consists en tirely of an Earned Income Credit (“EIC”) that should be exempt under Arizona law as welfare assistance. In support of her position, Debtor relies on a memorandum decision from the Northern District of Illinois in which the court concluded that an EIC is public assistance as that term is defined…