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In re Dittmaier

United States Court of Appeals, Eighth Circuit

November 17, 2015

In re: Stephanie Georgean Dittmaier, Debtor; Stephanie Georgean Dittmaier, Appellant
v.
David A. Sosne, Appellee, Office of U.S. Trustee, U.S. Trustee

Submitted September 24, 2015

Appeal from United States District Court for the Eastern District of Missouri - St. Louis.

For Stephanie Georgean Dittmaier, Appellant: Angela Redden-Jansen, Maplewood, MO.

For David A. Sosne, Appellee: Brian J. LaFlamme, Summers & Compton, Saint Louis, MO.

Office of U.S. Trustee, U.S. Trustee, Pro se, Saint Louis, MO.

Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.

OPINION

Page 988

BRIGHT, Circuit Judge.

Stephanie Dittmaier (Dittmaier) received an income tax refund for her 2012 federal and state income taxes (2012 income tax refund), including an earned income tax credit (EIC), approximately five hours prior to filing for bankruptcy. The trustee of the bankruptcy estate filed a motion to compel Dittmaier to turn over

Page 989

the 2012 income tax refund. The bankruptcy court exempted some of Dittmaier's 2012 income tax refund, but denied her claimed exemption of the EIC under Mo. Rev. Stat. § 513.430.1(10)(a). The bankruptcy court required Dittmaier to turn over the unexempt portion of the 2012 income tax refund in the amount of $4,968.03. Dittmaier appealed and the district court[1] affirmed. We affirm.

I. BACKGROUND

At approximately 3:35 p.m. on February 12, 2013, Dittmaier received the 2012 income tax refund. Dittmaier's 2012 income tax refund included an EIC. Approximately five hours later, Dittmaier filed for relief under the United States Bankruptcy Code.

The bankruptcy court appointed David Sosne (Trustee) as trustee for the bankruptcy estate. On January 21, 2014, Trustee filed a motion to compel Dittmaier to turn over the 2012 income tax refund. In response, Dittmaier amended her bankruptcy schedules, including a modification to Schedule C asserting an exemption of the EIC pursuant to Mo. Rev. Stat. ยง 513.430.1(10)(a). On February 27, 2014, the bankruptcy court issued an order exempting some of Dittmaier's 2012 income tax ...


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