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IN RE MURRAY

BAP Nos. KS-13-034, KS-13-037. Bankruptcy Nos. 12-41579, 12-40906.

506 B.R. 129 (2014)

In re Connie Rae MURRAY, Debtor. Darcy D. Williamson, Trustee, Appellant, v. Connie Rae Murray, Appellee, and Derek Schmidt, Kansas Attorney General, Intervenor-Appellee. National Association of Consumer Bankruptcy Attorneys, Amicus Curiae. In re Courtney Jane Beach, formerly known as Courtney Jane Keith, and John Edward Beach, Debtors. Robert L. Baer, Chapter 7 Trustee, Appellant, v. Courtney Jane Beach, formerly known as Courtney Jane Keith, and John Edward Beach, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

Filed March 4, 2014.

Attorney(s) appearing for the Case

Shawn C. Jurgensen (Darcy D. Williamson, pro se, with him on the brief) of the Williamson Law Office, Topeka, KS, for Appellant Darcy D. Williamson, Trustee.

David P. Troup of Weary Davis, L.C., Junction City, Kansas ( Jill A. Michaux of Neis & Michaux, P.A., Topeka, KS, with him on the brief), for Appellee Connie Rae Murray.

Derenda J. Mitchell , Assistant Attorney General, for Intervenor-Appellee Derek Schmidt, Kansas Attorney General.

John T. Houston of Cosgrove , Webb & Oman, Topeka, KS, for Appellant Robert L. Baer, Chapter 7 Trustee.

Bruce C. Barry of Bruce C. Barry, P.A., Manhattan, KS ( Jill A. Michaux of Neis & Michaux, P.A., Topeka, KS, with him on the brief), for Appellees Courtney Jane Beach and John Edward Beach.

Before THURMAN, Chief Judge, CORNISH, and MOSIER, Bankruptcy Judges.

OPINION

CORNISH, Bankruptcy Judge.

In these two substantively similar cases, the Chapter 7 trustees appeal the bankruptcy court's orders overruling their objections to exemptions claimed by the debtors. The debtors claimed as exempt their state and federal tax refunds attributable to the earned income tax credit under a Kansas bankruptcy-only exemption statute. The trustees objected, arguing primarily that their statutory strong-arm rights and powers defeated...

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