Legal Opinion

Williamson v. Murray (In re Murray)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided March 4, 2014No. BAP Nos. KS-13-034, KS-13-037; Bankruptcy Nos. 12-41579, 12-40906PublishedCited by 6 opinions

1Opinion of the Court

OPINION

CORNISH, Bankruptcy Judge.

In these two substantively similar cases, the Chapter 7 trustees appeal the bankruptcy court’s orders overruling their objections to exemptions claimed by the debtors. The debtors claimed as exempt their state and federal tax refunds attributable to the earned income tax credit under a Kansas bankruptcy-only exemption statute. The trustees objected, arguing primarily that their statutory strong-arm rights and powers defeated the debtors’ exemptions. The bankruptcy court overruled the objections, concluding that the trustees’ strong-arm rights and powers apply…

2Cases cited28 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Catlin v. United StatesSupreme Court of the United States · 1945
  3. Salve Regina College v. RussellSupreme Court of the United States · 1991
  4. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  5. Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986

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3Cited by6 opinions

  1. Bank of America v. United States Bankruptcy Court for the District of Kansas - Kansas CityBankruptcy Appellate Panel of the Tenth Circuit · 2020
  2. Bianca Ann MedinaUnited States Bankruptcy Court, D. New Mexico · 2022
  3. Billy Dampier, Jr. v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2017
  4. In re: TuckerDistrict Court, D. Colorado · 2025
  5. Jason Winick v. Rosemarie Pelfrey Revocable TrustBankruptcy Appellate Panel of the Tenth Circuit · 2025

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