Hardy v. Fink, No. 13-6029 (8th Cir. 2013)
Annotate this CaseDebtor appealed the bankruptcy court's order sustaining the trustee's objection to debtor's claimed exemption. Debtor had filed a petition for relief under Chapter 13 of the Bankruptcy Code and had claimed exempt, as a public assistance benefit under MO.REV.STAT. 513.430.1(10)(a), the portion of her 2012 federal income tax refund that was attributable to a child tax credit allowed under 26 U.S.C. 24. The court affirmed the bankruptcy court's order sustaining the trustee's objection to debtor's claimed exemption, concluding that the refundable portion of the child tax credit was not a public assistance benefit within the meaning of the statute and could not be claimed exempt under the statute.
Court Description: Bankruptcy Appellate Panel. The bankruptcy court did not err in sustaining the Chapter 13 trustee's objection to debtor's attempt to claim as exempt the portion of her 2012 federal income tax refund attributable to a "Child Tax Credit" allowed under 26 U.S.C. Sec. 24 as this not an exempt public assistance benefit within the meaning of MO. REV. STAT. Sec. 513.430.1(10)(a) [ December 19, 2013
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