In re: RIGGINS
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In this case, the Supreme Court of Arizona was asked to clarify whether Proposition 209, a voter initiative, repealed or affected the validity of a particular portion of the Arizona Revised Statutes (A.R.S. § 33-1126(A)(11)). The Court held that Proposition 209 neither expressly nor implicitly repealed A.R.S. § 33-1126(A)(11), which was enacted by the Arizona legislature after the drafting of Proposition 209 but before it was voted on.
The case arose when Erica Riggins filed for Chapter 7 bankruptcy and claimed an exemption under A.R.S. § 33-1126(A)(11), which was an exemption for certain types of federal and state tax credits. The Chapter 7 Trustee objected, arguing that Proposition 209, which amended a number of debt collection statutes and was passed by voters after the enactment of A.R.S. § 33-1126(A)(11), repealed the tax credit exemption.
Upon review, the Court found that the voters did not expressly repeal A.R.S. § 33-1126(A)(11) by passing Proposition 209, as the proposition did not contain any language suggesting such a repeal. The Court also found that Proposition 209 did not implicitly repeal A.R.S. § 33-1126(A)(11) because the two did not conflict with each other. Both sought to enhance debtor protections, with Proposition 209 increasing the value of certain exemptions while A.R.S. § 33-1126(A)(11) added a new exemption for tax credits. As such, the Court declared A.R.S. § 33-1126(A)(11) to be still operative.
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