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MATTER OF NICHOLS

Bankruptcy Nos. 79-00573, 79-00583 and 79-00586, Adv. Nos. 79-0005, 79-0004 and 79-003.

4 B.R. 711 (1980)

In the Matter of: Milton L. NICHOLS and Brenda B. Nichols, debtors, and Anita Denise Edson, Debtor, and Gerald L. Manning, Sr., Debtor. Robert I. LEECH, Trustee/Plaintiff, v. Milton L. NICHOLS and Brenda B. Nichols, Defendants. Robert I. LEECH, Trustee/Plaintiff, v. Anita Denise EDSON, Defendant. Robert I. LEECH, Trustee/Plaintiff, v. Gerald L. MANNING, Sr., Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D.

June 25, 1980.

Attorney(s) appearing for the Case

Robert I. Leech, Flint, Mich., for plaintiff.

Roger W. Kittendorf, Mount Morris, Mich., for defendants Nichols.

William Goldberg, Flint, Mich., for defendants Edson and Manning.

Carl L. Bekofske, Flint, Mich., Brian I. Brown, Burton, Mich., amicus curiae.

OPINION

HAROLD H. BOBIER, Bankruptcy Judge.

These three cases, consolidated for the purposes of the trial of a common issue, raise the question as to whether or not the debtors are entitled to claim as exempt property, under 11 U.S.C. § 522, wage holdbacks and income tax refunds. The position of the trustee is that the answer should be to the negative. The debtors each assert a contrary position. For the reasons...

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