In Re Kirchner

MEMORANDUM DECISION

ROBERT D. MARTIN, Chief Judge.

In his dissent to Dewsnup v. Timm, 502 U.S. 410, 112 S.Ct. 773, 116 L.Ed.2d 903 (1992), Justice Scalia stated that he had “the greatest sympathy for the Courts of Appeals who must predict which manner of statutory construction we shall use for the next Bankruptcy Code case.” Id. at 435, 112 S.Ct. at 787 (Scalia, J., dissenting). I hope that Justice Scalia’s sympathy extends to bankruptcy courts. This case appears to involve the reconciliation of three Supreme Court precedents 1 and the language of the Bankruptcy Code.

A recent law review article…