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IN RE FERNS

Bankruptcy No. 98-05697-TUC-JMM.

232 B.R. 453 (1999)

In re Scott A. FERNS and Mary E. Ferns, husband and wife, Debtors.

United States Bankruptcy Court, D. Arizona, Tucson Division.

April 20, 1999.

Attorney(s) appearing for the Case

James L. Robinson, Jr., Tucson, AZ, for debtors.

Michael M. Neal, Tucson, AZ, for Chapter 7 Trustee.

MEMORANDUM DECISION

JAMES M. MARLAR, Bankruptcy Judge.

1. Overview

The court must determine whether an earned income credit ("EIC") against federal income tax is property of the bankruptcy estate. Scott and Mary Ferns ("Debtors") excluded their 1998 EIC refund from their listing of personal property on the bankruptcy schedules. The Chapter 7 Trustee ("Trustee") moved the court to determine that the EIC is property of the bankruptcy estate...

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