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IN RE GARBETT

No. 09-30177.

410 B.R. 280 (2009)

In re Judd A. GARBETT, Linda S. Garbett, Debtors.

United States Bankruptcy Court, E.D. Tennessee.

August 14, 2009.

Attorney(s) appearing for the Case

Ann Mostoller, Esq., Mostoller, Stulberg & Whitfield, Oak Ridge, TN, Attorneys for Debtors.

John P. Newton, Jr., Esq., Law Offices of Mayer & Newton, Knoxville, TN, Attorneys for Chapter 7 Trustee.

MEMORANDUM ON OBJECTION TO EXEMPTION

RICHARD STAIR, JR., Bankruptcy Judge.

This contested matter is before the court on the Objection to Exemption filed on April 24, 2009, by the Chapter 7 Trustee, John P. Newton, Jr. (Trustee), objecting to the Debtors' joint claim to an exemption in a $4,797.00 tax refund, arguing that the refund is attributed wholly to Mrs. Garbett and that no portion of the refund should be allowed as exempt by Mr. Garbett.

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