Part II of this Note examines the issues presented in the instant case, Hardy v. Fink, in which the Eighth Circuit became the first circuit court to include the Child Tax Credit as a “public assistance benefit” under the Missouri exemption statute in a bankruptcy proceeding. Part III explores the applicable laws, legislative history, and recent case law that addressed these issues. Part IV explores the Hardy decision’s in-depth examination of the legislative history surrounding the Child Tax Credit and the underlying purpose behind including public assistance benefits in both state and federal exemption schemes. Part V offers a framework for analyzing exemption schemes across the country by examining the Missouri exemption scheme and attempting to provide clarity in the current statute for debtors and courts in the future.
The Eighth Circuit Allows a Child Tax Credit Exemption in Bankruptcy Proceedings: A Minty Fresh Start or Abuse of the System?,
81 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol81/iss2/10