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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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