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IN RE SEARLES

Civ. No. H-77-518.

445 F.Supp. 749 (1978)

In re Cynthia Ann SEARLES, Bankrupt. Martin W. HOFFMAN, Trustee, Plaintiff, Appellee, v. Cynthia Ann SEARLES, Bankrupt, Defendant, Appellant.

United States District Court, D. Connecticut.

January 23, 1978.

Attorney(s) appearing for the Case

Martin W. Hoffman, Hartford, Conn., for plaintiff, appellee.

Pamela Hershinson, Hugh Barber, Hartford, Conn., for defendant, appellant.

MEMORANDUM OF DECISION

BLUMENFELD, District Judge.

This case presents a question of bankruptcy law to which two Bankruptcy Judges in this district have given squarely opposing answers. The question presented is whether that portion of an income tax refund attributable to the earned income credit of the bankrupt constitutes "property" within the meaning of § 70a of the Bankruptcy Act. Judge Trevethan has held that the credit does not constitute property...

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