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IN RE WESTBY

No. 11-40986.

473 B.R. 392 (2012)

In re Dustin Jay WESTBY, Brandi Michelle Westby, Debtors.

United States Bankruptcy Court, D. Kansas.

April 4, 2012.

Attorney(s) appearing for the Case

Bruce C. Barry, Manhattan, KS, Jill A. Michaux, Neis & Michaux PA, Topeka, KS, for Debtors.

Memorandum Opinion and Order Overruling the Trustee's Objection to Exemption

JANICE MILLER KARLIN, Bankruptcy Judge.

Under new legislation effective April 14, 2011, a Kansas debtor in bankruptcy is entitled to exempt from the bankruptcy estate the right to receive the federal and state earned income tax credit ("EIC").1 A general debtor in Kansas not proceeding under bankruptcy, however, is not entitled to this protection. The...

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