IN RE WESTBY

BAP No. KS-12-027. Bankruptcy No. 11-40986.

486 B.R. 509 (2013)

In re Dustin Jay WESTBY and Brandi Michelle Westby, formerly known as Brandi Michelle Castro, formerly known as Brandi Michelle Taylor, Debtor. Darcy D. Williamson, Trustee, Appellant, v. Dustin Jay Westby and Brandi Michelle Westby, Appellees, and Derek Schmidt, Kansas Attorney General, Intervenor-Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 4, 2013.


Attorney(s) appearing for the Case

Shawn C. Jurgensen of Williamson Law Office, Topeka, KS (Darcy D. Williamson, pro se, with him on the brief) for Appellant.

Bruce C. Barry of Bruce C. Barry P.A., Manhattan, KS ( Jill A. Michaux of Neis & Michaux, P.A., Topeka, Kansas, with him on the brief), for Appellees.

Derenda Jo Mitchell , Assistant Attorney General, Topeka, KS, for Intervenor-Appellee.

Before MICHAEL, ROMERO, and TALLMAN, Bankruptcy Judges.


MICHAEL, Bankruptcy Judge.

The issue presented on appeal is whether a recently enacted Kansas statute exempting tax refunds attributable to the earned income credit for bankruptcy debtors is constitutional. The Chapter 7 trustee objected to the debtors' claimed exemption, arguing the Kansas bankruptcy-only exemption statute violates the Uniformity and Supremacy Clauses of the United States Constitution. The bankruptcy court concluded the exemption statute did not...

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