In re Jackson (01-40268)
Under Alabama law, the court held that Debtor was allowed to exempt the earned income credit and non-earned income credit portions of her federal income tax refund. Relying on established Eleventh Circuit precedent, the court held that a mere delay in notifying the trustee of a tax refund until the first meeting of creditors did not demonstrate bad faith or prejudice. Therefore, the court overruled Trustee’s objection to Debtor’s claim of exemptions.
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Date:
Sunday, July 1, 2001