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IN RE BENN

No. 06-2217.

491 F.3d 811 (2007)

In re Charles BENN, Jr., Debtor, Charles Benn, Jr., Appellee, v. James S. Cole, Appellant. Steven Mohrhard, Jennifer Mohrhard, Debtors, Steven Mohrhard, Jennifer Mohrhard, Appellees, v. James S. Cole, Appellant, John Cruciani, Patricia Brown, Kevin Checkett, Fredrich J. Cruse, Jerald Enslein, Janice A. Harder, George Johnson, Jere Loyd, Dan Nelson, Aunna L. Peoples, Robert A. Pummill, John Reed, Norman E. Rouse, Maureen Scully, Janice Stanton, David C. Stover, Bruce Strauss, Thomas J. O'Neal, Robert J. Blackwell, Thomas Dewoskin, Chapter 7 Trustees, National Association of Bankruptcy Trustees, Amici on behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 10, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was James S. Cole, St. Louis, MO.

John Joseph Cruciani, of Kansas City, MO, argued on behalf of amicus party Certain Chapter 7 Trustees and The National Association of Bankruptcy Trustees. Michael D. Fielding of Kansas City also appeared on the amicus brief.

Counsel who presented argument on behalf of the appellees was T.J. Mullin, of Clayton, Missouri, John F. Sutherland, of Clayton, MO, also appeared on appellees' brief.

Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

In these consolidated cases, a bankruptcy trustee appeals a decision of the Bankruptcy Appellate Panel ("BAP") that Missouri law exempts tax refunds from a debtor's bankruptcy estate. Because we conclude that the relevant law, section 513.427 of the Missouri Revised Statutes, is not an exemption statute and there is no exemption for tax refunds under state law or applicable federal law, we reverse the decision of the BAP and affirm the decision...

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