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IN RE DUNCKLEY

BAP Nos. CO-10-057, CO-10-079. Bankruptcy Nos. 09-32711, 09-32719.

452 B.R. 241 (2011)

In re Vern DUNCKLEY, also known as Vernon Wayne Dunckley, also known as Vern W Dunckley, also known as V Wayne Dunckley, also known as Vern Wayne Dunckley, also known as V W Dunckley, also known as Vernon W Dunckley, also known as Vernon Dunckley, and Elyse Dunckley, also known as Elyse Ra Dunckley, also known as Elyse R Dunckley, also known as E Ra Dunckley, also known as E R Dunckley, Debtors. Vern Dunckley and Elyse Dunckley, Appellants, v. Robertson B. Cohen, Trustee, Appellee. In re Richard Edward Borgman, also known as Richard E. Borgman, also known as Rich Edward Borgman, also known as Rich E. Borgman, also known as R.E. Borgman, Debtor. Richard Edward Borgman, Appellant, v. Robertson B. Cohen, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

July 11, 2011.

Attorney(s) appearing for the Case

Stephen H. Swift, Colorado Springs, CO, for Appellants.

Robertson B. Cohen, pro se.

Before MICHAEL, NUGENT, and THURMAN, Bankruptcy Judges.

NUGENT, Bankruptcy Judge.

What does the word "attribute" mean? Colorado Revised Statute 13-54-102 exempts the "full amount" of a debtor's federal income tax refund that can be "attributed to" to the child tax credit. In these cases, the debtors exempted the portion of their federal income tax refunds attributed to the child tax credit, but the Trustee objected.1 The bankruptcy courts sustained both objections, concluding that the child...

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