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BANKRUPTCY LAW, CIVIL PROCEDURE, CONSTITUTIONAL LAW, GOVERNMENT LAW
• Schultz v. US
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LATEST SUMMARIES
BANKRUPTCY LAW, CIVIL PROCEDURE, CONSTITUTIONAL LAW, GOVERNMENT LAW
Schultz v. US, No. 07-5618
In an action against the government challenging the
constitutionality of the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (BAPCPA), and alleging that it is not a
"uniform law" since median-income calculations under the act are
based in part on the state and county where the debtor is located
resulting in different relief, summary judgment and dismissal of
plaintiff's complaint is affirmed where: 1) plaintiffs have standing
to challenge the mean income calculations under Chapter 13 and
Chapter 7 since the same calculation is used under both schemes; 2)
BAPCPA is a uniform law since Congress is allowed to distinguish
among classes of debtors and to treat them differently through
incorporation of varying state laws; 3) employing federal income
standards does not enable preferential treatment of debtors in some
states over those of another; and 4) the heightened scrutiny
standard applied in United States v. Ptasynski, 462 U.S. 74 (1983),
is not dispositive in the area of bankruptcy.
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