In re Munson

OPINION

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

Before the Court is the motion filed by the INTERNAL REVENUE SERVICE (IRS), for relief from the automatic stay and for setoff.

RENEE L. MUNSON, the Debtor (DEBTOR), filed a Chapter 13 petition on February 16, 1999. On her schedules, the DEBTOR listed an estimated income tax refund for 1998 in the amount of $2,730.00 and claimed the refund as exempt, pursuant to the Illinois Exemption Statute. The refund included her earned income credit in the amount of $2,160 claimed as exempt pursuant to 735 ILCS 5/12-1001 (g) and the remainder of $570 was…