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IN RE JOHNSTON

BAP No. 98-8007.

222 B.R. 552 (1998)

In re Robin L. JOHNSTON, Debtor. Robin L. JOHNSTON, Appellant, v. Thomas M. HAZLETT, Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided August 6, 1998.

Attorney(s) appearing for the Case

Andrew W. Miller, Steubenville, OH, on brief, for Appellant.

Thomas Hazlett, Kinder, Harper, Hazlett & Hinzey, St. Clairsville, OH, Chapter 7 Trustee.

Before BAXTER, LUNDIN, RHODES, Bankruptcy Appellate Panel Judges.

OPINION

The Debtor, Robin L. Johnston, appeals the bankruptcy court's decision sustaining the Chapter 7 Trustee's objection to the Debtor's claimed exemption of a 1997 earned income tax credit ("EIC") and finding the EIC to be property of the bankruptcy estate. The Panel affirms.

I. ISSUE ON APPEAL

Is an earned income tax credit property of the Debtor's bankruptcy estate when the bankruptcy petition is filed prior to the end of the tax year in...

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