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IN RE MONTGOMERY

No. 98-3149.

224 F.3d 1193 (2000)

In re Jan Becky MONTGOMERY; Danette Della Wood, also known as Dee-Dee Anderson; Robert Owen Sparks; Kelley Renee Sparks, formerly known as Kelley Renee Sneed; and Lolita Marie Jones, Debtors, Darcy D. Williamson, Trustee for the Bankruptcy Estate of Lolita M. Jones, Plaintiff-Appellee, Robert L. Baer, Chapter 7 Panel Trustee, Appellee, v. Lolita Marie Jones, Defendant-Appellant, Jan Becky Montgomery; Danette Della Wood; Robert Owen Sparks; and Kelley Renee Sparks, Appellants. National Association of Consumer Bankruptcy Attorneys, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 11, 2000.

Attorney(s) appearing for the Case

Larry E. Schneider of Topeka, Kansas; and Jill A. Michaux of Neis & Michaux, P.A., Topeka, Kansas, for Appellants.

John T. Houston of Cosgrove, Webb & Oman, Topeka, Kansas; and Darcy D. Williamson of Topeka, Kansas, for Appellees.

Lynn D. Lauver of Consumer Bankruptcy Clinic, P.A., Topeka, Kansas; and John Rao of National Consumer Law Center, Boston, Massachusetts, submitted a brief for Amicus Curiae.

Before SEYMOUR, Chief Judge, McKAY, and EBEL, Circuit Judges.

SEYMOUR, Chief Judge.

The debtors in four Chapter 7 bankruptcy proceedings appeal a consolidated order of the Bankruptcy Appellate Panel (BAP) holding that earned income tax credits (EICs) based upon pre-petition eligibility are property of the bankruptcy estate pursuant to section 541 of the Bankruptcy Code. See Baer v. Montgomery (In re Montgomery), 219 B.R. 913 (10th Cir. BAP 1998).1 The debtors...

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