IN RE HARDY

No. 14-1181.

787 F.3d 1189 (2015)

In re Pepper Minthia HARDY, Debtor. Pepper Minthia Hardy, Appellant v. Richard Fink, Appellee. National Association of Consumer Bankruptcy Attorneys; Holley A. Nicodemus, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: June 2, 2015.


Attorney(s) appearing for the Case

Tracy L. Robinson , argued, David L. Dean , on the brief, Kansas City, MO, for Appellant.

Dana Michelle Estes , argued, Richard V. Fink , on the brief, Kansas, City, MO, for Appellee.

Tara A. Twomey , San Jose, CA, Nancy L. Thompson , Des Moines, IA, for Amici Curiae.

Before LOKEN, MURPHY, and MELLOY, Circuit Judges.


Pepper Hardy filed for bankruptcy and sought to exempt from her bankruptcy estate a portion of her tax refund attributable to the Additional Child Tax Credit. See 26 U.S.C. § 24(d). She asserted the refundable credit qualified as a public assistance benefit under Missouri's schedule of exemptions. The trustee,...

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