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IN RE SMITH

BAP No. 07-065. Bankruptcy No. 06-24973.

401 B.R. 487 (2009)

In re Janerae F. SMITH, Debtor. Janerae F. Smith, Appellant, v. R. Kimball Mosier, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

February 24, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:*

David L. Miller, Layton, UT, for Appellant.

R. Kimball Mosier, pro se.

Before McFEELEY, NUGENT, and McNIFF, Bankruptcy Judges.

McFEELEY, Bankruptcy Judge.

Debtor/Appellant Janerae F. Smith appeals from the bankruptcy court's Order Disallowing Debtor's Claimed Exemption in Tax Refunds ("Order") entered May 14, 2007. In disallowing Smith's claimed exemption, the bankruptcy court concluded that certain tax refunds representing excess withholding from distributions of otherwise exempt income could not be traced as proceeds from an exempt fund under Utah Code Ann. § 78B-5-507 (2008).

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