Dittmaier v. Sosne, No. 15-1340 (8th Cir. 2015)
Annotate this CaseAbout five hours prior to filing for bankruptcy, debtor received an income tax refund for her federal and state income taxes, including an earned income tax credit (EIC). The bankruptcy court exempted some of debtor’s 2012 income tax refund, but denied her claimed exemption of the EIC under Mo. Rev. Stat. 513.430.1(10)(a), requiring her to turn over the nonexempt portion. The court determined that the language of section 513.430.1(10)(a) does not exempt “public assistance benefit[s]” received by the debtor prior to filing for relief in bankruptcy court. In this case, the parties do not dispute that debtor received the EIC prior to filing for bankruptcy. Therefore, the district court correctly affirmed the bankruptcy court's judgment.
Court Description: Bright, Author, with Wollman and Colloton, Circuit Judges] Civil case - Bankruptcy. Under Missouri law, EIC benefits debtor received as part of her federal tax refund prior to the time she filed for bankruptcy relief, were her personal property and not exempt under Mo Rev. Stat. Sec. 513.430.1(10)(a).
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