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IN RE EARNED INCOME TAX CREDIT EXEMPT. CONST. CHALLENGE CASES

Nos. 11-11131, 11-12855, 11-13302.

477 B.R. 791 (2012)

In re EARNED INCOME TAX CREDIT EXEMPTION CONSTITUTIONAL CHALLENGE CASES. In re Anthony Taylor Lea, Meredith Renee Lea, Debtors. In re Laurie Louise Hudson, Debtor. In re Ricky Wayne Fogle, Jerri Lyn Fogle, Debtors.

United States Bankruptcy Court, D. Kansas.

August 2, 2012.

Attorney(s) appearing for the Case

Martin J. Peck , Wellington, KS, for Anthony Tylor Lea and Meredith Renee Lea.

Jeffrey W. Rockett , Nicholas R. Grillot , Redmond & Nazar, LLP, Wichita, KS, for Edward J. Nazar, Trustee.

Derenda J. Mitchell , Kansas Attorney General, Topeka, KS, for Derek Schmidt.

Donald C. Astle , Wichita, KS, for Laurie Louise Hudson.

Rachel E. Lomas , Hite, Fanning & Honeyman L.L.P., Wichita, KS, for Linda S. Parks, Trustee.

Douglas D. Depew , Depew Law Firm, Neodesha, KS, for Ricky W. Fogle and Jerri L. Fogle.

Steven L. Speth , Wichita, KS, Trustee.

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

Congress and the Kansas Legislature have each enacted an earned income tax credit (EIC) to afford lower-income families with children not only a refund of over-withheld wages, but also an additional refundable tax credit.1 Until last year, the right to receive the credit, along with the debtor's income tax refund, was subject to turnover to a chapter 7 debtor's trustee...

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