Session Description
As a tenured bankruptcy law professor, I have written two academic articles on the seizure of welfare-based tax returns in the administration of small asset consumer bankruptcy cases. At present, jurisdictions around the country are not in harmony with enabling debtors to exempt their Earned Income Tax Credits and refundable Child Tax Credits from the reach of trustees and creditors in bankruptcy. The problem is much more prevalent than one would think; indeed, there are hundreds of reported cases on this issue. My academic articles have investigated this problem and have explored solutions to enable debtors to keep these forms of welfare benefits. This session would discuss the current state of the laws (bankruptcy and state exemption statutes), explore possible solutions, and provide practical advice for attorneys in the representation of their clients.
Learning Outcomes
I think this important session will provide attendees with a more macro-vantage point on the state of the law on these issues, prompt them to think about ways to navigate (or not) around these issues (depending upon whether they represent debtors or are trustees). Perhaps more importantly, the session will provide fertile ground for debate and for thinking about bankruptcy policy more generally in connection with our welfare state. It will unquestionably be a lively discussion.
