8th Circuit Allows Amended Claim of Exemption

Summary


An unexpected windfall in the form of a tax refund cannot be held against a woman who filed for bankruptcy, held a unanimous panel of the U.S. 8th Circuit Court of Appeals on Monday.

The debtor, Melissa Lynn Ardrey, originally listed $1,000 she expected to receive as a tax refund as exempt. After filing the exemptions, however, her refund turned out to be in excess of what she claimed. Her chapter 7 trustee, Robert Blackwell, filed an adversary proceeding against Ardrey, seeking more than $3,000 - the balance of her checking account.

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Extract


8th Circuit Allows Amended Claim of Exemption

The U.S. Bankruptcy Court for the Eastern District of Missouri entered summary judgment in favor of Blackwell. Ardrey countered by filing an ...

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