IN RE DUVALL

Nos. 02-40234, 02-40053, 02-30510, 02-40086, 02-40055, 02-30850, 02-40178, 01-37622, 02-30511, 01-35535, 02-30126.

281 B.R. 646 (2002)

In re Douglas D. DUVALL, Linda G. Duvall, Linda Flanery, Patrick Dale James, Danielle Darleen James, Richard Yeaman Justice, Deborah Renae Justice, Gary Wayne Rainey, Tasha Michelle Rainey, Mary Ann Smith, Valerie Brooks, Kimberly Joy Moorman, Penny E. Morgan, Micole R. Shabazz, Jenny Allen, Debtors.

United States Bankruptcy Court, W.D. Kentucky.

August 9, 2002.


Attorney(s) appearing for the Case

Russ Wilkey, Owensboro, KY, for debtors.

Joel K. Jensen, Cincinnati, OH, for Fidelity Funding Mortgage Corp.

Harry L. Mathison, Henderson, KY, for trustee.


MEMORANDUM-OPINION

DAVID T. STOSBERG, Chief Judge.

Several cases1 are before the Court on the question of whether a debtor, who is entitled to an Earned Income Tax Credit ("EIC"), may exempt this portion of his or her tax refund under K.R.S. § 205.220(3).

The EIC is codified at 26 U.S.C. § 32, providing certain low income taxpayers with a refundable tax credit if they meet the requirements of the section...

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