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Dittmaier v. Sosne (In re Dittmaier)

Dittmaier v. Sosne (In re Dittmaier), Case No. 15-1340 (8th Cir. November 17, 2015)
Missouri Revised Statue section 513.430.1(10)(a), providing for an exemption in the "right to receive . . . a public assistance benefit", is not applicable to public assistance benefits in the possession of the debtor. Public assistance benefits received by a debtor are simply personal property and not subject to the exemption.
Procedural context:
Appeal from order of the District Court for the Eastern District of Missouri affirming the bankruptcy court's order denying debtors claim of exemption as "public assistance benefit" funds received by the Debtor pre-petition.
Hours before filing a chapter 7 petition, the debtor received her tax refund which included funds under the Earned Income Credit, a public assistance benefit. When turnover was demanded by the trustee, the debtor amended schedule C, asserting an exemption under Mo. Rev. Stat section 513.430.1(10)(a). The bankruptcy court denied the exemption and ordered debtor to turn over the non-exempt refund funds to the chapter 7 trustee.
Wollman, Bright and Colloton

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