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TOPICS:
- Bankruptcy / Chapter 13 / Bankruptcy Abuse Prevention and Consumer Protection Act

Ohio Supreme Court: No Opinions.
First District Court of Appeals: [Search Other Ohio Districts]; No Opinions.
U.S. Sixth Circuit Court of Appeals: Ohio Cases: No Opinions.
U.S. Sixth Circuit Court of Appeals: Other States Cases: Schultz v. USA (June 2, 2008)(Appeal from E.D. TN)
- http://www.ca6.uscourts.gov/opinions.pdf/08a0206p-06.pdf
- Plaintiffs-Appellants Bernard Francis Schultz and Elizabeth Mary Sabatine (hereinafter “the Schultzes”), husband and wife and residents of Hamilton County, Tennessee, filed for bankruptcy under Chapter 13 in the United States Bankruptcy Court for the Eastern District of Tennessee. Independently, the Schultzes filed a complaint for declaratory judgment in the United States District Court for the Eastern District of Tennessee, alleging that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA” or “the Act”) violates Article I, Section 8, Clause 4 of the Constitution (the “Bankruptcy Clause”), which gives Congress the power to establish “uniform Laws on the subject of Bankruptcies throughout the United States.” U.S. CONST. art. 1, § 8, cl. 4 (emphasis added). The district court granted the Government’s motion for summary judgment and dismissed the Schultzes’ complaint. For the following reasons, we AFFIRM the judgment of the district court.