Legal Opinion
In re Westby
United States Bankruptcy Court, D. Kansas
Decided April 4, 2012No. 11-40986PublishedCited by 12 opinions
1Opinion of the Court
Memorandum Opinion and Order Overruling the Trustee’s Objection to Exemption
JANICE MILLER KARLIN, Bankruptcy Judge.
Under new legislation effective April 14, 2011, a Kansas debtor in bankruptcy is entitled to exempt from the bankruptcy estate the right to receive the federal and state earned income tax credit (“EIC”).1 A general debtor in Kansas not proceeding under bankruptcy, however, is not entitled to this protection. The Trustee has objected to the Debtors’ use of the exemption based on the Uniformity and Supremacy Clauses of the United States Constitution, as well as the textual…
2Cases cited74 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Butner v. United StatesSupreme Court of the United States · 1979
- Hines v. DavidowitzSupreme Court of the United States · 1941
69 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Richardson v. Schafer (In Re Schafer)Court of Appeals for the Sixth Circuit · 2012
- In re WarkUnited States Bankruptcy Court, D. Kansas · 2015
- Williamson v. Westby (In re Westby)Bankruptcy Appellate Panel of the Tenth Circuit · 2013
- Williamson v. Murray (In re Murray)Bankruptcy Appellate Panel of the Tenth Circuit · 2014
- In re Earned Income Tax Credit Exemption Constitutional Challenge CasesUnited States Bankruptcy Court, D. Kansas · 2012
7 more not listed; retrieve them via the Exa API.